A proclamation under Section 82 of the Cr.P.C. is legally unsustainable if the court fails to record satisfaction that the accused is absconding and fails to specify the time and place for the accused's appearance in the order.

By the Court:- I.A. no. 6035 of 2026

Heard the parties.

Learned counsel for the petitioner submits that this interlocutory application has been filed with the prayer to make additional prayer of quashing the order dated 07.01.2025 passed by learned JMFC, XXX, Ranchi in G.R. case no. 1406 of 2017 (S) arising out of Dhurwa P.S. case no. 69 of 2017 whereby and where under, the process under Section 82 of CrPC has been issued against the petitioner, in the prayer portion of the Criminal Miscellaneous Petition. It is further submitted that inadvertently, the said prayer was left out in the prayer portion of the Criminal Miscellaneous Petition at the time of filing of the petition and the additional prayer will not change the nature and character of the petition and unless the proposed amendment is allowed, the petitioner will be highly prejudiced.

Considering the aforesaid facts, the prayer is allowed and the petitioner is directed to file consolidated criminal miscellaneous petition incorporating the amendment allowed by this order.

Learned counsel for the petitioner files the said consolidated criminal miscellaneous petition in the court today. Keep the same in the record.

This interlocutory application is disposed of accordingly.

(ANIL KUMAR CHOUDHARY, J.)

Cr.M.P. No. 681 of 2026

2. This criminal miscellaneous petition has been filed invoking the jurisdiction of this Court under Section 528 of BNSS, 2023 with the prayer of quashing and setting aside the order dated 07.01.2025 passed by learned JMFC, XXX, Ranchi in connection with G.R. case no. 1406 of 2017 (s) arising out of Dhurwa P.S. case no. 69 of 2017 by which, the process under Section 82 of CrPC has been issued against the petitioner and also to quash the order dated 08.02.2022 passed in the said case by learned Judicial Magistrate-XXVII, Ranchi whereby and where under, learned court cancelled the bail of the petitioner and ordered for issuance of non-bailable warrant of arrest.

3. At the outset, learned counsel for the petitioner does not press the prayer of quashing the order dated 08.02.2022 passed in connection with G.R. case no. 1406 of 2017 (s) arising out of Dhurwa P.S. case no. 69 of 2017 by learned Judicial Magistrate-XXVII, Ranchi.

4. Accordingly, the prayer of quashing the order dated 08.02.2022 passed in connection with G.R. case no. 1406 of 2017 (s) arising out of Dhurwa P.S. case no. 69 of 2017 by learned Judicial Magistrate-XXVII, Ranchi is rejected as not pressed.

5. So far as the prayer for quashing and setting aside the order dated 07.01.2025 passed by learned JMFC, XXX, Ranchi in connection with G.R. case no. 1406 of 2017 (s) arising out of Dhurwa P.S. case no. 69 of 2017 is concerned, it is submitted by learned counsel for the petitioner that the process under Section 82 of CrPC has been issued vide order dated 07.01.2025 without following the due process of law and without recording the satisfaction that the petitioner is absconding or concealing himself to evade his arrest and without fixing any time or place for appearance of the petitioner, hence, the said order is not sustainable in law, hence, the same be quashed and set aside.

6. Learned PP on the other hand vehemently opposes the prayer and submits that learned JMFC, Ranchi has recorded his satisfaction that the petitioner is absconding from her house and since the petitioner is expected to appear in the court concerned, after the proclamatio