JHARKHAND HIGH COURT ISSUES ORDER ON NIRAJ KAPOOR V/S THE STATE OF JHARKHAND AND ANR.

RANCHI, India, Sept. 19 -- Jharkhand High Court issued the following order on Aug. 19:

1. Heard the parties.

2. Learned counsel for the petitioner submits that though the petitioner has made several prayers in this criminal miscellaneous petition but the petitioner abandons all other prayers and restrict his prayer only to quash the orders dated 06.04.2016 and 25.01.2017 passed by the learned Chief Judicial Magistrate, Dhanbad in connection with Dhanbad P.S. Case No. 607 of 2015 corresponding to G.R. No. 2611 of 2015 by which respectively proclamation under Section 82 Cr.P.C. was issued and the proclamation under Section 82 Cr.P.C. was reissued respectively.

3. In view of the submission made at the Bar, the prayer to quash the orders dated 04.07.2017 and 25.07.2018 is rejected as not pressed.

4. Relying upon the judgment of this Court in the case of Abhishek Kumar vs. The State of Jharkhand in Cr.M.P. No. 1649 of 2024 dated 19.06.2024, it is submitted by the learned counsel for the petitioner that therein this Court has reiterated the settled principle of law that the court which issues the proclamation under Section 82 Cr.P.C. must record its satisfaction that the accused person is absconding or concealing himself to evade his arrest and in case, the court issues the proclamation under Section 82 Cr.P.C., it must mention the time and place for appearance of the accused person in respect of whom the proclamation under Section 82 Cr.P.C. is issued. It is next submitted by the learned counsel for the petitioner that as in neither of the orders, the learned Chief Judicial Magistrate, Dhanbad has 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. Hence, it is submitted that the prayer as prayed for by the petitioner in this criminal miscellaneous petition be allowed.

5. Learned Public Prosecutor and the learned counsel for the opposite party no.2 on the other hand opposes the prayer and submits that the very fact that the learned Magistrate has issued and reissued the proclamation under Section 82 Cr.P.C. goes to show that there were materials available in the record for the learned Magistrate to be satisfied that there was justification for issuance of such proclamation. Hence, it is submitted that this criminal miscellaneous petition being without any merit be dismissed.

6. Having heard the submissions made at the Bar and after going through the materials in the record, it is pertinent to mention here that as rightly submitted by the learned counsel for the petitioner that it is a requirement of law that, the court which issues the proclamation under Section 82 Cr.P.C. must record its satisfaction that the accused person of the case in respect of whom such proclamation is issued, 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 person in respect of whom the proclamation is issued. Now coming to the facts of the case, as already indicated above, as in neither of the order dated 06.04.2016 nor the order dated25.01.2017 passed by the learned Chief Judicial Magistrate, Dhanbad, in Dhanbad P.S. Case No. 607 of 2015 corresponding to G.R. No. 2611 of 2015, the learned Chief Judicial Magistrate, Dhanbad has recorded its satisfaction that the petitioner, who is the accused person of the case is absconding or concealing himself to evade his arrest nor it has fixed any time or place for appearance of the petitioner, hence, this Court has no hesitation in holding that the orders dated 06.04.2016 and 25.01.2017 passed by the learned Chief Judicial Magistrate, Dhanbad in connection with Dhanbad P.S. Case No. 607 of 2015 corresponding to G.R. No. 2611 of 2015 is not sustainable in law. Accordingly the same are quashed and set aside.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=U%2BbhtlrLe2adAHN8Tz%2F1dxbOjE%2F9mkhuMAIZoCfMJAGGxiFJ5OBDRPiFbiMT5tTF&caseno=Cr.M.P./1349/2020&cCode=1&cino=JHHC010114412020&state_code=7&appFlag=)

Disclaimer: Curated by HT Syndication.