Quashed

Sikander Saw Alias Sikandar Kumar Saw Alias Suraj Kumar v. the State of Jharkhand

Jharkhand HC3 Jul 2024Cr.M.P./1201/2024

Case brief

AI extract

What is this about?

Petition under Section 482 CrPC challenging a Section 82 CrPC proclamation issued without fixing time or place for appearance and without recording satisfaction that the accused was absconding. The High Court held this violated mandatory requirements, quashed the proclamation order, permitted a fresh order in accordance with law.

What did the court decide?

Order dated 25.08.2023 issuing proclamation under Section 82 CrPC quashed; Additional Sessions Judge-II, Hazaribagh free to pass fresh order in accordance with law.

Sikander Saw Alias Sikandar Kumar Saw Alias Suraj Kumar… — Quashing and FIR | Jharkhand HC (2024)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr.M.P. No.1201 of 2024

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Sikander Saw @ Sikandar Kumar Saw @ Suraj Kumar aged about 31 years S/O Bhuneshwer Sao Resident of Village Karsi P.O. and P.S. Barhi District Hazaribagh … Petitioner

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Versus

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… The State of Jharkhand Opposite Party

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For the Petitioner : Mr. P.P.N. Roy, Sr. Advocate Mr. Pandey A.N. Roy, Advocate For the State : Ms. Nehala Sharmin, Spl.P.P. ------ P R E S E N T

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HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY

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By the Court:- Heard the parties.

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This Criminal Miscellaneous Petition has been filed invoking the jurisdiction of this Court under Section 482 of the Code of Criminal Procedure with a prayer for quashing the orders dated 13.09.2022 and 25.08.2023 passed by the learned Additional Sessions Judge-II, Hazaribagh in connection with ST Case No.435 of 2022 arising out of Barhi P.S. Case No.94 of 2016 corresponding to G.R. Case No.1097 of 2016 whereby and where under the learned Additional Sessions Judge-II, Hazaribagh has issued warrant of arrest against the petitioner and issued process under Section 82 of the Code of Criminal Procedure respectively

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Learned senior counsel for the petitioner submits that though two prayers have been made in this Criminal Miscellaneous Petition to quash the orders dated 13.09.2022 and 25.08.2023 passed in ST Case No.435 of 2022 but the petitioner did not press the prayer for quashing order dated 13.09.2022 and confines his prayer to quash the order dated 25.08.2023.

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Cr. M.P. No.1201 of 2024

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So far as the order dated 25.08.2023 is concerned, the learned Additional Sessions Judge-II, Hazaribagh who has put illegible signature on the order sheet but has mentioned the designation of the court as “A.D.J.-II, Hazaribagh” has ordered for issue of process under Section 82 of the Code of Criminal Procedure without fixing the date, time or place for appearance of the accusedperson.

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Learned senior counsel for the petitioner submits that the proclamation under Section 82 of the Code of Criminal Procedure has been issued vide order dated 25.08.2023 without following the due process of law and without fixing the time and place for appearance of the petitioner with the accused-persons of the case and the same is not sustainable in law, therefore, the same be quashed and set aside.

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Learned Spl.P.P. for the State on the other hand vehemently opposes the prayer for quashing the order dated 25.08.2023 passed by the Additional Sessions Judge-II, Hazaribagh and submits that the very fact that the learned Additional Sessions Judge-II, Hazaribagh has issued the proclamation under Section 82 of the Code of Criminal Procedure, itself shows that there were materials available in the record for the learned Additional Sessions Judge-II, Hazaribagh to be satisfied that there is justification of issuance of such proclamation. Hence, it is submitted that this Criminal Miscellaneous Petition, being without any merit, be dismissed.

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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 a court which issues the proclamation under Section 82 of the Code of Criminal Procedure must record

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Cr. M.P. No.1201 of 2024

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its satisfaction that the accused in respect of whom the proclamation under Section 82 of the Code of Criminal Procedure is made is absconding or concealing himself to evade his arrest and in case, the court decides to issue a proclamation under Section 82 of the Code of Criminal Procedure it must mention the time and place for appearance of the petitioner in respect of whom the proclamation under Section 82 of the Code of Criminal Procedure is ordered to be issued, in the order itself by which the proclamation under Section 82 of the Code of Criminal Procedure is issued. As already indicated above, the Learned Additional Sessions Judge-II, Hazaribagh has not fixed any time or place for appearance of the petitioner who is the accused-persons of that case. Hence, this Court has no hesitation in holding that the Additional Sessions Judge-II, Hazaribagh has committed a grave illegality by issuing the proclamation under Section 82 of the Code of Criminal Procedure without complying the mandatory requirement 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 25.08.2023 be quashed and set aside.

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Accordingly, the order dated 25.08.2023 passed by the learned Additional Sessions Judge-II, Hazaribagh in connection with ST Case No.435 of 2022 arising out of Barhi P.S. Case No.94 of 2016 corresponding to G.R. No.1097 of 2016, is quashed and set aside.

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Before parting, it is pertinent to mention here that it is surprising that the Additional Sessions Judge, Hazaribagh does not know that the designation Additional District Judge is a used while civil jurisdiction and in Sessions cases as well as other criminal cases, the designation of the judge is to be mentioned

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Cr. M.P. No.1201 of 2024

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as Additional Sessions Judge or acronym being A.S.J. but the Additional Sessions Judge has described itself to be A.D.J. Hence, Registrar General of this Court is directed to send a copy of this order to the Principal District Judge, Hazaribagh with a direction to impress upon the concerned Judicial Officer to be careful in future while mentioning its designation and further to put its full signature in the order-sheets of the cases.

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The learned Additional Sessions Judge-II, Hazaribagh may pass a fresh order in accordance with law.

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Accordingly, this Criminal Miscellaneous Petition, being without any merit, is dismissed.

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(Anil Kumar Choudhary, J . )

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High Court of Jharkhand, Ranchi Dated the 03^rd of July, 2024 AFR/ Saroj

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Cr. M.P. No.1201 of 2024

Sikander Saw Alias Sikandar Kumar Saw Alias Suraj Kumar v. the State of Jharkhand

Case brief

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What did the court decide?

Sikander Saw Alias Sikandar Kumar Saw Alias Suraj Kumar v. the State of Jharkhand

Case brief

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What did the court decide?

What the court decided

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