Alok Kumar Acharya Vs the State of Jharkhand

( 2025:JHHC:26680 )

IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr.M.P. No.2469 of 2025

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Alok Kumar Acharya, aged about 47 years, son of Late Durga Charan Acharya, Permanent residents of Village-Bansimli, P.O.Radha Nagar, P.S.-Balidih, Distt.-Bokaro (Jharkhand).

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At present resident of Gokul Nagar Dimna Road No.6, Near-M.G.M. Medical College, Pipla, P.O.-Mango, P.S.-M.G.M., Dist.-East Singhbhum (Jharkhand).

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… Petitioner

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Versus The State of Jharkhand … Opposite Party ------ For the Petitioner : Mr. Dilip Kr. Jaiswal, Advocate : Mr. Ashok Kr. Sinha, Advocate For the State : Mrs. Nehala Sharmin, 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 528 of the B.N.S.S., 2023 with several prayers but the petitioner do not press the prayer to quash the orders dated 13.02.2015, 25.04.2015 and 18.06.2015 as well as the portion of the order dated 17.01.2025 passed by the learned Sessions Judge, Bokaro in Criminal Revision No.192 of 2024 and confines his prayer only to quash the order dated 27.01.2023 passed by the learned Sub-Divisional Judicial Magistrate, Bokaro in connection with Balidih P.S. Case No.69 of 2014 corresponding to G.R. Case No.972 of 2014 registered for the offences punishable under Section 406/420 of the Indian Penal Code whereby and

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where the learned Sub-Divisional Judicial Magistrate, Bokaro has issued proclamation under Section 82 of the Code of Criminal Procedure and the portion of the order dated 17.01.2025 passed in Criminal Revision No.192 of 2024 by which the said order was also held to be proper and without any illegality or infirmity by the learned Sessions Judge, Bokaro.

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The brief facts of the case is that the petitioner during the investigation of the said Balidih P.S. Case No.69 of 2014 corresponding to G.R. Case No.972 of 2014 was absconding and NBW was issued against the petitioner as he could not be traced out in spite of several raids being conducted by police at his residence and thereafter, proclamation under Section 82 of Cr.P.C. was issued on 13.02.2015, subsequently, the charge sheet was submitted against the petitioner showing the petitioner absconding. On 18.06.2015, the learned SDJM, Bokaro took cognizance of the offences and keeping in view the fact that the petitioner was already absconding, directed to issue non-bailable warrant of arrest, as charge sheet submitted against the petitioner for having committed the offences punishable under Section 406/420 of the Indian Penal Code.

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Learned counsel for the petitioner submits that the proclamation under Section 82 of Cr.P.C. has been issued vide order dated 27.01.2023 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., that too without fixing any time and place for appearance of the petitioner, who is the accused person of the said case. It

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is further submitted that the learned Sessions Judge, Bokaro vide order dated 17.01.2025 in Criminal Revision No.192 of 2024 without taking into consideration the said illegality committed by the learned SDJM, Bokaro, have affirmed the same. Hence, it is submitted that the prayer to quash and set aside the order dated 27.01.2023 passed by the learned SubDivisional Judicial Magistrate, Bokaro in connection with Balidih P.S. Case No.69 of 2014 corresponding to G.R. Case No.972 of 2014 registered for the offence punishable under Section 406/420 of the Indian Penal Code as well as the portion of the order dated 17.01.2025 passed by the learned Sessions Judge, Bokaro in Criminal Revision No.192 of 2024 by which the aforesaid order by the learned Sub-Divisional Judicial Magistrate, Bokaro was held to be proper, be allowed.

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Learned Spl.P.P. appearing for the State vehemently opposes the prayer for quashing the orders dated 27.01.2023 and 17.01.2025 in connection with the said cases, as already mentioned above and submit that the very fact that the learned SDJM, Bokaro has issued proclamation under Section 82 of Cr.P.C. when the execution report of the non-bailable warrant of arrest was already available in the record and the same goes to show that there were materials available in the record for the learned SubDivisional Judicial Magistrate, Bokaro to be satisfied that there is justification for 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 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 proclamation under Section 82 of Cr.P.C., it must mention the time and place for appearance of the accused person of the case, in respect of whom such proclamation is issued, in the order itself, by which the proclamation under Section 82 of Cr.P.C. is issued. As already indicated above since the learned Sub-Divisional Judicial Magistrate, Bokaro 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 Sub-Divisional Judicial Magistrate, Bokaro has committed illegality by issuing the said proclamation under Section 82 of Cr.P.C. without complying with the mandatory requirements of law and the learned Sessions Judge, Bokaro has also committed an illegality by ignoring the same on the part of the learned SDJM, Bokaro by affirming the said order vide its judgement dated 17.01.2025 passed in Criminal Revision No.192 of 2024. 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 27.01.2023 passed by the

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learned Sub-Divisional Judicial Magistrate, Bokaro in connection with Balidih P.S. Case No.69 of 2014 corresponding to G.R. Case No.972 of 2014 as well as the portion of the order dated 17.01.2025 passed by the learned Sessions Judge, Bokaro whereby and whereunder the learned Sessions Judge, Bokaro affirmed the order dated 27.01.2023 passed by learned SubDivisional Judicial Magistrate, Bokaro, be quashed and set aside qua the petitioner only.

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Accordingly, the order dated 27.01.2023 passed by the learned SubDivisional Judicial Magistrate, Bokaro in connection with Balidih P.S. Case No.69 of 2014 corresponding to G.R. Case No.972 of 2014 as well as the portion of the order dated 17.01.2025 passed by the learned Sessions Judge, Bokaro whereby and where the learned Sessions Judge, Bokaro affirmed the order dated 27.01.2023 passed by learned Sub-Divisional Judicial Magistrate, Bokaro, is quashed and set aside qua the petitioner only.

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