Jharkhand High Court
Abhay Shankar Tiwari @ Abhay Shankar ... vs The State Of Jharkhand ..... Opposite ... on 23 April, 2025
Author: Anil Kumar Choudhary
Bench: Anil Kumar Choudhary
[ 2025:JHHC:12138]
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr.M.P. No. 924 of 2025
Abhay Shankar Tiwari @ Abhay Shankar Tiwary, aged about
49 years, son of Ramvaran Tiwari, resident of village- Gijna,
P.O. - Tildar, P.S.- Garhwa, Dist.- Garhwa, Jharkhand
...... Petitioner
Versus
The State of Jharkhand ..... Opposite Party
For the Petitioner : Mr. Rajeev Ranjan Tiwari , Adv.
Mr. Ranjit Kr. Tiwari , Adv.
For the State : Ms. Vandana Bharti, Addl. PP
PRESENT
HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY
By the Court:- Heard the parties.
2. This criminal miscellaneous petition has been filed invoking the
jurisdiction of this Court under Section 528 of BNSS, 2023 with a
prayer for quashing and setting aside the entire criminal
proceeding including the order dated 19.03.2025 passed by
learned Chief Judicial Magistrate, Garhwa by which, the
proclamation under Section 82 of CrPC has been issued inter alia
against the petitioner.
3. At the outset, it is submitted by the learned counsel for the
petitioner that the petitioner do not press the prayer for quashing
the entire criminal proceeding. Accordingly, the prayer to quash
the entire criminal proceeding is rejected as not pressed.
4. The brief facts of the case is that on 19.03.2025, the Investigating
Officer of the case filed a requisition praying for issuance of the
proclamation under Section 82 of CrPC inter alia against the
petitioner who is an accused person of Garhwa P.S. case no. 696 of
2024, learned Magistrate without fixing any time and place, for
appearance of the petitioner, ordered for issuance of proclamation
under Section 82 of CrPC.
[ 2025:JHHC:12138]
5. Learned counsel for the petitioner relying upon the judgment of
this Court in the case of Abhishek Kumar vs. State of Jharkhand
reported in 2024 SCC OnLine Jhar 2032, submits that learned
CJM, Garhwa in a mechanical manner has issued the
proclamation under Section 82 of CrPC 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 fixing any time or place for the petitioner, hence, it is
submitted that the prayer as prayed for in this criminal
miscellaneous petition be allowed.
6. Learned Addl P.P appearing for the State on the other hand
vehemently oppose the prayer of the petitioner and submitted
that the very fact that the learned Chief Judicial Magistrate,
Garhwa has issued the proclamation under Section 82 of Cr.P.C.
itself shows that there were materials available in the record for
the learned Chief Judicial Magistrate to be satisfied that there is
justification for issuance of such proclamation. Hence, it is
submitted that this Cr.M.P., being without any merit, be
dismissed.
7. Having heard the rival submissions made at the Bar and after
going through 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
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 Chief Judicial Magistrate, has not fixed any time or
place for appearance of the petitioner who is the accused person
of Garhwa P.S. case no. 696 of 2024, this Court has no hesitation in
holding that the learned Chief Judicial Magistrate, Garhwa has
[ 2025:JHHC:12138]
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; therefore, this is a fit case where the order dated 19.03.2025
passed by learned Chief Judicial Magistrate, Garhwa in
connection with Garhwa P.S. case no. 696 of 2024 be quashed and
set aside against the petitioner.
8. Accordingly, the order dated 19.03.2025 passed by learned Chief
Judicial Magistrate, Garhwa in connection with Garhwa P.S. case
no. 696 of 2024 is quashed and set aside against the petitioner.
9. The learned Chief Judicial Magistrate, Garhwa may pass a fresh
order in accordance with law.
10. Accordingly, this Criminal Miscellaneous Petition is allowed.
(Anil Kumar Choudhary, J.)
High Court of Jharkhand, Ranchi
Dated, the 23rd April, 2025
Smita /AFR
