Quaium Ansari Alias Master Alias MD Kaum Khan Alias Kaum Miyan Alias Kaum Ansari Alias MD Kaum Vs the State of Jharkhand

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(2026:JHHC:20822)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr. M. P. No. 1983 of 2026

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Quaium Ansari @ Master @ Md. Kaum Khan @ Kaum Miyan @ Kaum Ansari @ Md. Kaum, aged about 38 years, son of Md. Rahmat Miyan, resident of Sode, PO & PS – Raniya, District – Khunti. … … …Petitioner

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Versus

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The State of Jharkhand. … … …Opp. Party

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For the Petitioner : Mr. Rohan Mazumdar, Advocate For the State : Mr. P. D. Agarwal, Spl. P.P. ------

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PRESENT

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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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2. This Criminal Miscellaneous Petition has been filed invoking the jurisdiction of this Court under Section 528 of the B.N.S.S., 2023 with the prayer to quash the order dated 17.06.2026 passed in connection with Bano P.S. Case No. 16 of 2026 by learned Sub - Divisional Judicial Magistrate, Simdega whereby and whereunder though the learned Sub-Divisional Judicial Magistrate has issued the process under Section 84(1) of the B.N.S.S. but has not fixed any time and place for appearance of the petitioner; who is the accused person of the case concerned.

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3. It is submitted by the learned counsel for the petitioner that vide order dated 17.06.2026, the proclamation under Section 84 of the B.N.S.S., 2023 was issued without following the due process of law and without recording the satisfaction that the petitioner is absconding or concealing himself to evade his arrest and without mentioning the time and place for appearance of the

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Cr. M. P. No. 1983 of 2026

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(2026:JHHC:20822)

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petitioner. Hence, the impugned order is not sustainable in law. Therefore, it is submitted that the same may be quashed and set aside.

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4. Learned Spl. P.P. appearing for the State submits that since the proclamation has been issued by the Court concerned, it is apparent that the petitioner who is the accused person of this case was supposed to appear after 30 days from the publication of the proclamation before the Court concerned, hence, it is submitted that there is no illegality in the impugned order. It is lastly submitted that this Cr.M.P., being without any merit, be dismissed.

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5. Having heard the submissions made at the bar and after going through the materials available on record, it is pertinent to mention here that it is a settled principle of law that Court which issued the proclamation under Section 84 of the B.N.S.S., must record its satisfaction that the accused in respect of whom the proclamation under Section 84 of the B.N.S.S., is made, is absconding or concealing himself to evade his arrest and in case the court decides to issue the proclamation under Section 84 of the B.N.S.S.,2023, it must mention the time and place for appearance of the petitioner in the order itself by which the proclamation under Section 84 of the B.N.S.S., 2023 is issued. As already indicated above since the learned Sub - Divisional Judicial Magistrate, Simdega, has not mentioned the time or place for appearance of the petitioner in respect of whom the proclamation under Section 84 of the B.N.S.S., 2023 has been issued, therefore, this Court has no hesitation in holding that the learned Sub Divisional Judicial Magistrate, Simdega, has committed a grave illegality in passing the impugned order, therefore, the same is liable to be quashed and set aside.

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Cr. M. P. No. 1983 of 2026

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(2026:JHHC:20822)

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6. Accordingly, the order dated 17.06.2026 passed in connection with Bano P.S. Case No. 16 of 2026 by learned Sub - Divisional Judicial Magistrate, Simdega, is quashed and set aside.

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7. The learned Sub - Divisional Judicial Magistrate, Simdega, is directed to pass a fresh order in accordance with law.

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8. In result, 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 09^th July, 2026 AFR/ Aditi Uploaded On - 15/07/2026

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Cr. M. P. No. 1983 of 2026