IN THE HIGH COURT OF JHARKHAND AT RANCHI

Cr.M.P. No.1245 of 2024

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Md. Salim @ Sopari, S/o-Md. Ayub Miya, aged about 50 years, resident of Village-Muslim Mohallah, Barkagaon, P.O. and P.S.

Barkagaon, District-Hazaribagh … Petitioner

Versus

The State of Jharkhand … Opposite Party

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For the Petitioner : Mr. Amitesh Kumar Geasen, Advocate

: Mr. Anuj Kumar Trivedi, Advocate

For the State : Mr. Sunil Kumar Dubey, Addl. P.P.

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P R E S E N T

HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY

By the Court:- Heard the parties.

2. This Criminal Miscellaneous Petition has been filed invoking the jurisdiction of this Court under Section 482 of the Code of Criminal Procedure, 1973 with several prayers but the learned counsel for the petitioner submits that the petitioner confines his prayer to quash the order dated 21.02.2019 passed by the learned Judicial Magistrate-1st Class, Chatra in connection with Simariya P.S. Case No.30 of 2013 corresponding to G.R. Case No.454 of 2013 by which the learned Judicial Magistrate-1st Class, Chatra has issued the proclamation under Section 82 of Cr.P.C. without recording its satisfaction that the

petitioner is absconding or concealing himself to evade his arrest.

3. Learned counsel for the petitioner submits that the proclamation under Section 82 of Cr.P.C. has been issued against the petitioner vide order dated 21.02.2019 without following the due process of law and

without recording the satisfaction of the learned Magistrate that the petitioner is absconding or concealing himself to evade his arrest which is a sine qua non for issuing the proclamation under Section 82 Cr.P.C. and further the proclamation has been issued without fixing any time and place for appearance of the petitioner. Hence, it is submitted that the order dated 21.02.2019 passed by the learned Judicial Magistrate-1st Class, Chatra in connection with Simariya P.S. Case No.30 of 2013 corresponding to G.R. Case No.454 of 2013, be quashed and set aside.

4. Learned Addl. P.P. appearing for the State vehemently opposes the prayer of the petitioner to quash the order dated 21.02.2019 passed by the learned Judicial Magistrate-1st Class, Chatra in connection with Simariya P.S. Case No.30 of 2013 corresponding to G.R. Case No.454 of 2013 and submit that the very fact that the learned Judicial Magistrate- 1st Class, Chatra has issued the proclamation under Section 82 of Cr.P.C., itself goes to show that there were sufficient materials available in the record for the learned Judicial Magistrate-1st Class, Chatra to be satisfied that there was justification for issuance of the proclamation under Section 82 of Cr.P.C. Hence, it is submitted that there being no illegality in the said order dated 21.02.2019 passed by the learned Judicial Magistrate-1st Class, Chatra in connection with Simariya P.S. Case No.30 of 2013 corresponding to G.R. Case No.454 of 2013, this Cr.M.P., being without any merit, be dismissed.

5. Having heard the rival submissions made at the Bar and after carefully going through the materials available in the record, it is pertinent to mention here that by now it is a settled principle of law that the court which issues the proclamation under Section 82 of Cr.P.C.; must record its satisfaction that the accused in respect of whom the proclamation under Section 82 of Cr.P.C. is made, is absconding or concealing himself to evade his arrest and in case the court decides to issue the proclamation under Section 82 of Cr.P.C., it must mention the time and place for appearance of the accused in respect of whom such proclamation is issued. As already indicated above since the learned Judicial Magistrate-1st Class, Chatra has neither recorded its satisfaction that the petitioner is absconding or concealing himself to evade his arrest nor fixed any time or place for appearance of the petitioner who is the accused person of the case concerned, hence, this Court has no hesitation in holding that the learned Judicial Magistrate-1st Class, Chatra has commit