IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr.M.P. No. 573 of 2026

1. Chandan Singh @ Chandan Kumar Singh @ Chandan Kumar, aged about 34 years

2. Ritik Singh @ Ritik Kumar, aged about 29 years Both sons of Manoj Singh @ Ashok Singh, resident of Village-

Chanda, P.O. & P.S.-Athmal Gola, Dist.-Patna (Bihar)

.... Petitioners Versus The State of Jharkhand …. Opp. Party P R E S E N T HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY …..

For the Petitioners : Mr. Avilash Kumar, Advocate : Mr. Sahil, Advocate For the State : Mr. Bhola N. Ojha, Spl. P.P.

…..

By the Court:-

1. Heard the parties.

2. This criminal miscellaneous petition has been filed invoking the jurisdiction of this Court under Section 528 of B.N.S.S., 2023 with the prayer to quash the order dated 05.03.2025 passed by the learned Additional Sessions Judge-I, Latehar in connection with Chandwa P.S. Case No.100 of 2021, whereby and where under, the learned Additional Sessions Judge-I, Latehar has issued the proclamation under Section 82 of Cr.P.C. without fixing any time and place for appearance of the petitioners.

3. It is submitted by the learned counsel for the petitioners that proclamation under Section 82 of Cr.P.C. has been issued vide order dated 05.03.2025 without following the due process of law and without fixing any time and place for appearance of the petitioners. Hence, it is submitted that the prayer as made in this criminal miscellaneous petition be allowed.

4. Learned Special Public Prosecutor on the other hand opposes the prayer and submits that the petitioner was expected to appear on any day before the court concerned which issued the proclamation under Section 82 of Cr.P.C. after 30 days of the said proclamation therefore, no illegality has been committed by the learned Additional Sessions Judge-I, Latehar. Hence, it is submitted that this criminal miscellaneous petition being without any merit be dismissed.

5. Having heard the submissions made at the Bar and after going through the materials 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 proclamation under Section 82 of Cr.P.C., it must mention the time and place for appearance of the accused in respect of whom the proclamation under Section 82 of Cr.P.C. is issued in the order itself. As already indicated above since the learned Additional Sessions Judge-I, Latehar has not fixed any time or place for appearance of the petitioners who are the accused persons of this case, this Court has no hesitation in holding that the learned Additional Sessions Judge-I, Latehar has committed illegality by issuing the said proclamation under Section 82 of Cr.P.C. without complying with the mandatory requirements of law. Hence, the same is not sustainable in law and the continuation of the same will amount to abuse of process of law and this is a fit case where the order dated 05.03.2025 passed by the learned Additional Sessions Judge-I, Latehar in connection with Chandwa P.S. Case No.100 of 2021 be quashed and set aside qua the petitioner.

6. Accordingly, the order dated 05.03.2025 passed by the learned Additional Sessions Judge-I, Latehar in connection with Chandwa P.S. Case No.100 of 2021, is quashed and set aside qua the petitioner.

7. The learned Additional Sessions Judge-I, Latehar may pass a fresh order in accordance with law.

8. In the result, this criminal miscellaneous petition is allowed.

(Anil Kumar Choudhary, J.)

High Court of Jharkhand, Ranchi Dated the 10^th March, 2026 AFR/Gunjan/-

Uploaded on 12/03/2026