Single Bench allowed the petition quashing an order issuing proclamation under Section 82 Cr.P.C. for lack of recorded reasons and satisfaction regarding the petitioner's evasion of arrest.
The order dated 13.12.2018 quashed. Court below directed to pass reasoned and speaking order with the petition allowed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
- 1 -
IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr.M.P. No.241 of 2019
Mukesh Shaw @ Mukesh Saw ….. Petitioner Versus The State of Jharkhand ….. Opp. Party
CORAM: HON'BLE MR. JUSTICE AMITAV K. GUPTA
--------- For the Petitioner : Mr. Rajesh Kumar, Advocate For the State : A.P.P ---------
05/Dated: 2nd May, 2019
1. Heard learned counsel for the petitioner and learned A.P.P. 2. The present petition has been filed under Section 482 of the Code of Criminal Procedure, for quashing the order dated 13.12.2018, passed by the learned Judicial Magistrate, 1st Class, Dhanbad, in connection with Nirsa P.S. Case No.321 of 2018, corresponding to C.F. No.1041 of 2018.
For better appreciation, the order dated 13.12.2018 is reproduced as under :-
“I.O. has submitted the warrant of arrest issued against the accused Mukesh Sao, S/o Biswanath Sao, R/o Sao Plaja, I.D.B.I. Bank K Nikat, Nirsa, P.S. Nirsa, Distt.Dhanbad in which report has been given that accused is absconding due to farar of arrest. I.O. has prayed that process U/s 82 Cr.P.C may be issued against the aforesaid accused. Prayer is allowed. o/c to issue process u/s 82 Cr.P.C against the above named accused.”
On perusal of the aforesaid order, it is evident that the court below has ordered for issuance of proclamation under Section 82 Cr.P.C., without assigning any reasons or recording its satisfaction that the petitioner was evading his arrest or concealing himself. It also appears that warrant of arrest was issued by order dated 03.12.2018 and on the prayer of the investigating officer, order for issuance of proclamation under Section 82 Cr.P.C was passed within ten days without recording any reasons or satisfaction by the court below.
3. In the attending facts, the order dated 13.12.2018 is, hereby, quashed.
4. The court below shall pass a reasoned and speaking order in accordance with law.
5. With the said direction, the criminal miscellaneous petition is, hereby, allowed.
(AMITAV K. GUPTA, J.)
Chandan /-
2 issues framed by the court
Whether an order of issuance of proclamation under Section 82 Cr.P.C. without recorded reasons and satisfaction of evasion can be quashed.
Whether the impugned order failed to record specific satisfaction regarding the petitioner's evasion of arrest.
2 provisions across 1 enactments
Mukesh Shaw
The State of Jharkhand
Amitav K. Gupta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
