Md. Nasim Sai Alias Nasim Sai Vs the State Ofjharkhand

(2025:JHHC:36113)

IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr.M.P. No. 377 of 2025

Md. Nasim Sai @ Nasim Sai, aged about 39 years, son of Asmuddin Sai, resident of Village-Nawadih, P.O. & P.S.-Panki, Dist.-Palamu, State-Jharkhand

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.... Petitioner

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Versus

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The State of Jharkhand

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…. Opp. Party

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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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For the Petitioner : Mr. R.S. Mazumdar, Sr. Advocate : Mrs. Jasvindar Mazumdar, Advocate : Mr. Rohan Mazumdar, Advocate For the State : Mrs. Vandana Bharti, Addl. P.P.

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By the Court:-

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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 two fold prayers i.e. to quash the order dated 27.05.2023 passed by the learned Chief Judicial Magistrate, Palamau and order dated 06.12.2024 passed by the learned Judicial Magistrate 1^st Class, Palamau both in connection with Panki P.S. Case No. 139

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of 2020, corresponding to G.R. No. 1146 of 2022 but the learned Senior Advocate appearing for the petitioner confines his prayer to quash the order dated 06.12.2024 passed by the learned Judicial

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Magistrate 1^st Class, Palamau in connection with Panki P.S. Case

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Cr.M.P. No.377 of 2025

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(2025:JHHC:36113)

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No. 139 of 2020, corresponding to G.R. No. 1146 of 2022 whereby and where under, the learned Judicial Magistrate 1^st Class, Palamau has issued the proclamation under Section 82 Cr.P.C. but do not press the prayer to quash the order dated 27.05.2023 passed by the learned Chief Judicial Magistrate, Palamau in connection with Panki P.S. Case No. 139 of 2020, corresponding to G.R. No. 1146 of 2022.

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Accordingly, the prayer to quash the order dated 27.05.2023 passed by the learned Chief Judicial Magistrate, Palamau in connection with Panki P.S. Case No. 139 of 2020, corresponding to G.R. No. 1146 of 2022 is rejected as not pressed.

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It is submitted by the learned Senior Advocate appearing for the petitioner that the proclamation under Section 82 of Cr.P.C. has been issued vide order dated 06.12.2024 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 the proclamation under Section 82 of Cr.P.C. and that too without fixing any time or place for the appearance of the petitioner. Hence, it is submitted that the prayer as made in this criminal miscellaneous petition be allowed.

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Learned Additional Public Prosecutor on the other hand opposes the prayer and submits that the very fact that the learned Judicial Magistrate 1^st Class, Palamau has issued the proclamation under Section 82 of Cr.P.C. itself shows that there were materials available in the record for the learned Judicial Magistrate 1^st Class, Palamau to be satisfied that there is justification for issuance of

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Cr.M.P. No.377 of 2025

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(2025:JHHC:36113)

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such proclamation. Hence, it is submitted that this criminal miscellaneous petition being without any merit be dismissed.

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Having heard the submissions made at the Bar and after going through the materials 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 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 Judicial Magistrate 1^st Class, Palamau 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 who is the accused person of this case, this Court has no hesitation in holding that the learned Judicial Magistrate 1^st Class, Palamau has committed illegality by issuing the said proclamation under Section 82 of Cr.P.C. without complying with 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 06.12.2024 passed by the learned Judicial Magistrate 1^st Class, Palamau in connection with Panki P.S. Case No. 139 of

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Cr.M.P. No.377 of 2025

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(2025:JHHC:36113)

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2020, corresponding to G.R. No. 1146 of 2022 be quashed and set aside against the petitioner.

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Accordingly, the order dated 06.12.2024 passed by the learned Judicial Magistrate 1^st Class, Palamau in connection with Panki P.S. Case No. 139 of 2020, corresponding to G.R. No. 1146 of 2022, is quashed and set aside against the petitioner.

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