Vir Bhagat Alias Veer Bhagat Vs the State of Jharkhand

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Cr. M.P. No.239 of 2024

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IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr.M.P. No.239 of 2024

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Vir Baghat @ Veer Bhagat, aged about 21 years, son of Mana Baghat;

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Amit Bhagat @ Amit Baghat, aged about 29 years, son of Mana Baghat;

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Mana Baghat @ Mana Bhagat, aged about 46 years, son of Late Etwa Baghat;

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All are Residents of Village Jilling, Pandra, P.O. –Pandra, P.S. –Kuru, District –Lohardaga … Petitioners

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Versus … The State of Jharkhand Opposite Party ------ For the Petitioners : Mrs. J. Mazumdar, Advocate : Mr. Rohan Mazumdar, Advocate For the State : Mrs. Vandana Bharti, Addl. 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 to quash the order dated 18.12.2023 passed in connection with Kuru P.S. Case No. 133 of 2021 by the learned Judicial Magistrate -1^st Class, Lohardaga whereby and where under the learned Judicial Magistrate has directed for issuance of the proclamation under Sections 82 Cr.P.C. against the petitioners.

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It is submitted by the learned counsel for the petitioners that the proclamation under Section 82 Cr.P.C. has been issued vide order dated 18.12.2023 without following the due process of law and without recording the satisfaction that the petitioner is absconding or concealing

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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 time and place for appearance of the petitioners; such order for proclamation has been passed. It is next submitted that the order dated 18.12.2023, has been

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passed without any information available in the record that the proclamation under Section 82 Cr.P.C. was ever made and the order dated 18.12.2023, has been passed order for attachment of the property of the petitioner under Section 83 of Cr.P.C. without mentioning the property to be attached. Hence, it is submitted that the order dated 18.12.2023 passed in connection with Kuru P.S. Case No. 133 of 2021 by the learned Judicial Magistrate -1^st Class, Lohardaga, being not sustainable in law be also quashed and set aside.

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Learned Addl. P.P. appearing for the State vehemently opposes the prayer for quashing the order dated 18.12.2023 passed in connection with Kuru P.S. Case No. 133 of 2021 by the learned Judicial Magistrate -1^st Class, Lohardaga and submits that the very fact that the learned Judicial Magistrate -1^st Class, Lohardaga has issued the proclamation under Section 82 of Cr.P.C. itself goes to show that there were materials available for the learned 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 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

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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 accused in respect of whom the proclamation under Section 82 Cr.P.C. is issued in the order itself by which the proclamation under Section 82 of Cr.P.C. is issued.

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Perusal of the record reveals that the learned Judicial Magistrate -1^st Class, Lohardaga has neither recorded his satisfaction that the petitioners are absconding or concealing themselves to evade their arrest nor fixed any time or place for appearance of the petitioners, hence this Court has no hesitation in holding that the learned Judicial Magistrate -1^st Class, Lohardaga 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. Therefore, this is a fit case where the order dated 18.12.2023 passed in connection with Kuru P.S. Case No. 133 of 2021 by the learned Judicial Magistrate -1^st Class, Lohardaga be quashed and set aside qua the petitioners only.

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Accordingly, the order dated 18.12.2023 passed in connection with Kuru P.S. Case No. 133 of 2021 by the learned Judicial Magistrate -1^st Class, Lohardaga is quashed and set aside qua the petitioners.

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

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Before parting, it is made clear that such type of reckless orders are passed being by the Judicial Magistrates in-spite of several orders passed by this Court. Therefore, it will be proper that a copy of this order be also

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supplied to the Principal District Judge, Lohardaga with a direction to caution and warn the Judicial Magistrate concerned in administrative

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side, not to pass such reckless order in future.

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