Muslim Ansari Vs the State of Jharkhand

Cr. M.P. No.231 of 2024

IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr.M.P. No.231 of 2024

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Muslim Ansari, aged about 39 years, Son of Nijam Ansari, Resident of Village –Dandaul, P.O. –Fudi, P.S. –Khunti, District –Khunti.

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… Petitioner

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Versus … The State of Jharkhand Opposite Party ------ For the Petitioner : Mr. Vijay Kr. Roy, Advocate For the State : Mr. P.K. Chatterjee, Spl. P.P. ------

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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 to quash the entire criminal proceeding in connection with Khunti P.S. Case No. 27 of 2023 as well as the order dated 01.12.2023, passed in connection with the said Khunti P.S. Case No. 27 of 2023 by the learned In-charge Chief Judicial Magistrate, Khunti whereby and where under proclamation under Section 82 Cr.P.C. has been issued without complying the mandatory requirement of law.

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The brief facts of the case is that on 01.12.2023, the I.O. of the case filed an application for issuance of proclamation under Section 82 Cr.P.C. and the learned Magistrate without recording its satisfaction that the petitioner is absconding or concealing himself to evade his arrest nor fixing any time or place for appearance of the accused persons of the case directed for issuance of proclamation under Section 82 Cr.P.C.

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Cr. M.P. No.231 of 2024

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It is submitted by the learned counsel for the petitioner that the proclamation under Section 82 Cr.P.C. has been issued vide order dated 01.12.2023 without following the due process of law and without recording the satisfaction that the petitioner is absconding or concealing himself to evade his arrest which is a sine qua non for issuing proclamation under Section 82 of Cr.P.C. and without fixing any place and time for appearance of the petitioner which is not in accordance with law. Hence, it is submitted that the order dated 01.12.2023, passed in connection with the said Khunti P.S. Case No. 27 of 2023 by the learned In-charge Chief Judicial Magistrate, Khunti whereby and where under proclamation under Section 82 Cr.P.C. has been issued against the petitioner be quashed and set aside.

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Learned Spl. P.P. appearing for the State vehemently opposes the prayer for quashing the order dated 01.12.2023, passed in connection with the said Khunti P.S. Case No. 27 of 2023 by the learned In-charge Chief Judicial Magistrate, Khunti whereby and where under proclamation under Section 82 Cr.P.C. has been issued against the petitioner and submits that the very fact that the learned In-charge Chief Judicial Magistrate has issued the proclamation under Section 82 of Cr.P.C. itself shows that there were materials available in the record for the learned In-charge Chief Judicial Magistrate to be satisfied that there is justification for issuance of such proclamation and proceeding. 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

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Cr. M.P. No.231 of 2024

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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 the proclamation under Section 82 of Cr.P.C. it must mention the time and place for appearance of the petitioner in the order itself by which the proclamation under Section 82 of Cr.P.C. is issued. As already indicated above since the learned In-charge Chief Judicial Magistrate, Khunti has neither 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, this Court has no hesitation in holding that the learned In-charge Chief Judicial Magistrate, Khunti has committed illegality by issuing the said proclamation under Section 82 of Cr.P.C. without complying 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 01.12.2023, passed in connection with the said Khunti P.S. Case No. 27 of 2023 by the learned In-charge Chief Judicial Magistrate, Khunti be quashed and set aside qua the petitioner only.

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Accordingly, the order dated 01.12.2023, passed in connection with the said Khunti P.S. Case No. 27 of 2023 by the learned In-charge Chief Judicial Magistrate, Khunti, is quashed and set aside.

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The learned Chief Judicial Magistrate, Khunti may pass a fresh order in accordance with law.

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Before parting, it is pertinent to mention here that such reckless orders are being passed by the Judicial Officers in-spite of repeated

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Cr. M.P. No.231 of 2024

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Orders being passed by this Court not to pass such reckless orders, ignoring the settled principle of law, thereby wasting the time of the Court. Hence, a copy of this Order be sent to the Principal District Judge, Khunti to impress upon and warn the In-charge Chief Judicial Magistrate, Khunti not to pass such reckless orders in future.

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This criminal miscellaneous petition is allowed to the aforesaid extent only.

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(Anil Kumar Choudhary, J . )

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High Court of Jharkhand, Ranchi Dated the 7^th February, 2024 AFR/ Sonu-Gunjan/-

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Muslim Ansari v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Muslim Ansari v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

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What the court decided

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