JHARKHAND HIGH COURT ISSUES ORDER ON VIJAY PASWAN V/S THE STATE OF JHARKHAND

RANCHI, India, Nov. 22 -- Jharkhand High Court issued the following order on Oct. 22:

1. Heard the parties.

2. This Criminal Miscellaneous Petition has been filed invoking the jurisdiction of this Court under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 with the prayer to quash the order dated 04.09.2025 passed by the learned Judicial Magistrate-1st Class, Hazaribagh in connection with Barkatha P.S. Case No.82 of 2025 whereby and where under the learned Judicial Magistrate-1st Class, Hazaribagh has issued the proclamation under Section 82 of Cr.P.C. without fixing the time and place for appearance of the petitioner who is the accused person of the concerned case.

3. Learned counsel for the petitioner submits that the impugned order dated 04.09.2025 is not sustainable in law as the same is not in accordance with law as the proclamation under Section 82 of Cr.P.C. has been issued without fixing the time and place for appearance of the petitioner. Hence, it is submitted that the prayer of the petitioner, as prayed for in the instant Cr.M.P., be allowed.

4. Learned Addl.P.P. appearing for the State vehemently opposes the prayer of the petitioner made in the instant Cr.M.P. and submits that since the learned Judicial Magistrate-1st Class, Hazaribagh has issued the proclamation under Section 82 of Cr.P.C., it is only consequential that the petitioner who is the accused person of the concerned case, is to appear before the court concerned after thirty (30) days during court hours. Hence, it is submitted that 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, besides recording 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 also in the same order itself 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, Hazaribagh has not mentioned the time or place for appearance of the petitioner who is the accused person of the case concerned, in the impugned order dated 04.09.2025, hence, this Court has no hesitation in holding that the learned Judicial Magistrate-1st Class, Hazaribagh has committed a grave 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 impugned order dated 04.09.2025 passed by the learned Judicial Magistrate-1st Class, Hazaribagh in connection with Barkatha P.S. Case No.82 of 2025, be quashed and set aside.

6. Accordingly, order dated 04.09.2025 passed by the learned Judicial Magistrate-1st Class, Hazaribagh in connection with Barkatha P.S. Case No.82 of 2025, is quashed and set aside qua the petitioner.

7. The learned Judicial Magistrate-1st Class, Hazaribagh may pass a fresh order in accordance with law.

8. In the result, this Cr.M.P. stands allowed.

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