Dismissed¶22

Kartik Lohra v. the State of Jharkhand

Jharkhand HC18 Sept 2024Cr.M.P./2384/2024

Case brief

AI extract

What is this about?

Jharkhand HC Cr.M.P. No.2384 of 2024 (Kartik Lohar & Kalawati Devi v. State of Jharkhand) dismissed 18.09.2024 — S.482 CrPC quashing prayer against S.82 proclamation order dt. 03.07.2023 and S.83 attachment order dt. 29.09.2023 (Argora P.S. Case No.199/2017, G.R. No. 3521/2017) and dismissal dt. 30.11.2023 of Cr. Rev. No. 425/2023 rejected; Magistrate's recorded satisfaction of absconding upheld; no illegality found; Anil Kumar Choudhary, J.

What did the court decide?

There is absolutely no illegality in the proclamation order dated 03.07.2023: the learned Judicial Magistrate, 1st Class-XIII, Ranchi recorded his satisfaction that the petitioners were absconding and, after recording such satisfaction, issued the proclamation fixing the time and place for appearance of the accused. ¶18

Kartik Lohra Vs the State of Jharkhand — Jharkhand HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Dismissed

¶22

Issue for consideration

Whether the order dated 03.07.2023 issuing the proclamation under Section 82 Cr.P.C. against the petitioners was illegal and liable to be quashed (counsel alleging it issued without prior notice). +2 more

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Court's answer

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Ratio / Principle

There is absolutely no illegality in the attachment order dated 29.09.2023 either: the learned Magistrate, satisfied that the petitioners were absconding and evading arrest and that the proclamation had validly been made, directed issuance of the order of attachment of the petitioners' property.

¶19

Key takeaways

Since there was no illegality in the order dated 03.07.2023, the Judicial Commissioner, Ranchi could not have allowed Cr. Rev. No. 425 of 2023; therefore there is no illegality in the order dated 30.11.2023 dismissing that criminal revision.ratio¶19
In view of the foregoing, the Court found absolutely no merit in the criminal miscellaneous petition and dismissed it.ratio¶22

Detailed headnote1 paragraphs

Cr.M.P. (S.482 CrPC) by accused spouses Kartik Lohar and Kalawati Devi to quash (i) the proclamation order dated 03.07.2023 under S.82 CrPC and (ii) the property-attachment order dated 29.09.2023 under S.83 CrPC issued by the Judicial Magistrate, 1st Class-XIII, Ranchi in Argora P.S. Case No.199 of 2017 (G.R. No. 3521 of 2017), and (iii) the order dated 30.11.2023 by which the Judicial Commissioner, Ranchi dismissed their Cr. Rev. No. 425 of 2023. Counsel had urged the proclamation and attachment issued without prior notice, an NBW having issued on 08.02.2023. Holding: the Magistrate had recorded satisfaction that the petitioners were absconding and evading arrest and that the proclamation had validly been made, fixing time and place of appearance; hence neither order nor the revisional dismissal suffers any illegality. Petition dismissed. (Anil Kumar Choudhary, J.; High Court of Jharkhand, Ranchi; 18.09.2024)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr.M.P. No.2384 of 2024

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------

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Kartik Lohar, age about 54 years, S/o Karma Lohar

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Kalawati Devi, age about 47 years, w/o Kartik Lohar Both resident of Biswas Bhawan, Lower Burdwan Compound, Lalpur, P.O. G.P.O.- Ranchi, P.S. – Lalpur, Dist Ranchi.

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… Petitioners

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Versus The State of Jharkhand … Opposite Party ------ For the Petitioners : Mr. Ashok Kr. Sinha, Advocate For the State : Mr. Rajesh Kumar, Advocate ------ 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 prayers to quash and set aside the orders dated 03.07.2023 and 29.09.2023 passed by the learned Judicial Magistrate, 1^st Class-XIII, Ranchi in connection with Argora P.S. Case No.199 of 2017 corresponding to G.R. No. 3521 of 2017 by which respectively the proclamation under Section 82 of Cr.P.C. and the attachment order of the property of the petitioner has been issued under Section 83 of Cr.P.C. and also to quash the order dated 30.11.2023 by which the Cr. Rev. No. 425 of 2023 was dismissed by the learned Judicial Commissioner, Ranchi.

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The brief facts of the case is that on 03.07.2023, the I.O. of the case filed an application for issuance of the proclamation under section 82 of Cr.P.C. along with execution report of the non-bailable warrant of arrest issued earlier against the petitioners who are the accused persons of the said case.

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1 Cr. M.P. No. 2384 of 2024

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On perusal of the record, the learned Judicial Magistrate 1^st Class-XIII was satisfied that the accused persons of the case who are the petitioners herein were absconding due to fear of arrest and being so satisfied, ordered for issue of proclamation under section 82 Cr.P.C. requiring the petitioners who are the accused persons of the case concerned, to appear in the court at the time fixed. On 29.09.2023, the I.O. of the case filed an application for issuance of the attachment order of the property of the petitioners under section 83 of Cr.P.C. along with the execution report of the proclamation made under section 82 Cr.P.C. The learned Magistrate being satisfied that the petitioners are not available in the address given and absconding and evading their arrest, directed to issue attachment of the property of the petitioners under section 83 of Cr.P.C. The petitioners filed Cr. Rev. No. 425 of 2023 in the Court of Judicial Commissioner, Ranchi; challenging the order dated 03.07.2023, by which the proclamation under section 82 of the Code of Criminal Procedure, was directed to be issued. The learned Judicial Commissioner did not find any infirmity or illegality in the said order dated 03.07.2023 against which order the criminal revision was filed and dismissed the criminal revision.

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It is submitted by the learned counsel for the petitioners that the petitioners are innocent and non-bailable warrant of arrest was issued against them on 08.02.2023. Earlier no notice was served to the petitioners and without issuance of notice, the proclamation under section 82 of Cr.P.C. and the attachment order under section 83 of Cr.P.C. has been issued. It is lastly submitted that the said orders being not in accordance with law be quashed and set aside.

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Learned Addl.P.P. , on the other hand, vehemently, opposes the prayer

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to quash the prayer made in the Cr.M.P. and submits that no illegality has been

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2 Cr. M.P. No. 2384 of 2024

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committed by the learned Judicial Magistrate 1^st Class, - XIII Ranchi either in issuance of the proclamation under Section 82 of Cr.P.C. or issuing the attachment order under section 83 of Cr.P.C. Hence, it is submitted that this Cr.M.P., 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, this court finds that the learned Judicial Magistrate, 1st Class – XIII, Ranchi, in the order dated 03.07.2023 has recorded its satisfaction that the petitioners are absconding and after recording such satisfaction has passed the order of issuance of proclamation, fixing the time and place for the appearance of the accused person, in respect of whom, the said proclamation was issued. Therefore, this Court has no hesitation in holding that there is absolutely no illegality in the said order dated 03.07.2023.

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So far as the order dated 29.09.2023 is concerned learned Magistrate after being satisfied that the petitioners are absconding and evading their arrest and on being satisfied that the proclamation has validly been made, directed for issuance of the order of attachment of the property of the petitioners, who are the accused persons of the case concerned. So there is absolutely no illegality in the said order passed by the learned Judicial Magistrate, 1^st Class –XIII, Ranchi, either. As, there is no illegality in the order dated 03.07.2023 passed by the learned Judicial Magistrate, Ranchi; so obviously the Judicial Commissioner, Ranchi could not have allowed the Cr. Rev. No. 425 of 2023. Therefore, there is no illegality in the order dated 30.11.2023 passed by the Judicial Commissioner, in Criminal Revision No. 425 of 2023, either.

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Cr. M.P. No. 2384 of 2024

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In view of the discussion made above, this Court is of the considered that there is absolutely no merit in this criminal miscellaneous petition. Accordingly, this Cr.M.P. is dismissed.

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(Anil Kumar Choudhary, J . )

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High Court of Jharkhand, Ranchi Dated the 18^th of September, 2024 AFR/ MM

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Cr. M.P. No. 2384 of 2024

Kartik Lohra v. the State of Jharkhand

Case brief

What is this about?

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Kartik Lohra v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

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