Jharkhand High Court
Rajkumar @ Rajkumar Kushwaha vs The State Of Jharkhand .... Opp. Party on 12 June, 2025
Author: Anil Kumar Choudhary
Bench: Anil Kumar Choudhary
( 2025:JHHC:16519 )
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr.M.P. No. 1217 of 2025
Rajkumar @ Rajkumar Kushwaha, aged about 29 years, S/o Kailash
Kushwaha, R/o -Village -Kon, P.O. -Naudiha, Ramgarh, P.S. -
Kon, District -Sonbhadra (Uttar Pradesh).
.... Petitioner
Versus
The State of Jharkhand .... Opp. Party
PRESENT
HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY
.....
For the Petitioner : Mr. Rishi Pallava, Advocate
: Mr. Divyansh Krishna, Advocate
For the State : Mr. Sunil Kr. Dubey, Addl. P.P.
.....
By the Court:-
1. Heard the parties.
2. This criminal miscellaneous petition has been filed invoking the
jurisdiction of this Court under Section 528 of the Bhartiya Nagrik
Suraksha Sanhita, 2023 with a prayer to quash the order dated
06.03.2025 passed by the learned A.C.J.M., Nagar Untari, Garhwa
whereby and where under, the learned A.C.J.M., Nagar Untari,
Garhwa has directed for issuance of the process under Section 82
Cr.P.C. against the petitioner in connection with Nagar Untari
Mahila P.S. Case No. 25 of 2024 involving the offences punishable
under Section 498A, 379, 323, 506 & 495 of the Indian Penal Code
and under Section 3/4 of the Dowry Prohibition Act.
3. The brief facts of the case is that the learned A.C.J.M., Nagar
Untari, Garhwa issued a non bailable warrant of arrest against the
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petitioner. On 06.03.2025, the I.O. of the case pressed the petition
filed by him with a prayer for issue of the proclamation under
Section 82 Cr.P.C. against the petitioner against whom earlier non-
bailable warrant of arrest was issued and along with the petition
filed earlier by the I.O., the execution report of the non-bailable
warrant of arrest was also annexed. The learned A.C.J.M. on
perusal of the record as well as the execution report of the non-
bailable warrant of arrest issued on 03.12.2024 against the
petitioner was satisfied that the petitioner was absconding to
evade his arrest, hence was satisfied that the circumstances
warrant issuing the proclamation under Section 82 Cr.P.C. and the
learned A.C.J.M., Nagar Untari, Garhwa ordered for issue of the
proclamation directing the petitioner to appear before the Court of
learned A.C.J.M., Nagar Untari, Garhwa on or before 12:00 noon
of 25.04.2025. The petitioner instead of appearing before the
learned A.C.J.M., Nagar Untari, Garhwa on or before 12:00 noon
of 25.04.2025 has approached this Court by filing this criminal
miscellaneous petition for quashing of the said order.
4. It is submitted by the learned counsel for the petitioner
that the petitioner is innocent. The case being Nagar Untari
Mahila P.S. Case No. 25 of 2024 is a concocted and fabricated case.
The Investigating Officer did not file any application for issuance
of non-bailable warrant of arrest and suo-moto, the office of the
court of learned A.C.J.M., Nagar Untari, Garhwa issued non-
bailable warrant of arrest against the petitioner on 03.12.2024. The
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warrant of arrest was received by the Investigating Officer on
03.12.2024. Three of the co-accused persons surrendered before
the trial court on 06.01.2025 and they were granted bail. The
petitioner filed a petition for grant of anticipatory bail which was
rejected by the learned Additional Sessions Judge -II, Nagar
Untari, Garhwa, vide order dated 28.02.2025. Thereafter on
06.03.2025, the learned trial court directed issue of the
proclamation under Section 82 Cr.P.C. It is submitted that without
following mandate of Section 73 of the Code of Criminal
Procedure, the learned A.C.J.M., Nagar Untari, Garhwa has
directed to issue process under Section 82 Cr.P.C. against the
petitioner.
5. The learned counsel for the petitioner relies upon the Judgment
of a Co-ordinate Bench of this Court in the case of Md. Rustum
Alam & Ors. Vs. State of Jharkhand, reported in
MANU/JH/0578/2020 as also the Judgment of this Court in the
case of Shanti Gorain @ Shanti Gorai Vs. The State of
Jharkhand, reported in 2024 JHHC 43159 and also the Judgment
of this Court in the case of Kaleshwar Hembrom Vs. The State of
Jharkhand, reported in 2024 JHHC 22713 and submits that the
said order dated 06.03.2025 passed by the learned A.C.J.M., Nagar
Untari, Garhwa whereby and where under, the learned A.C.J.M.,
Nagar Untari, Garhwa has directed for issuance of the process
under Section 82 Cr.P.C. against the petitioner in connection with
Nagar Untari Mahila P.S. Case No. 25 of 2024 being illegal and
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perverse, the prayer as prayed for by the petitioner in this
criminal miscellaneous petition be allowed.
6. The learned Addl. P.P. on the other hand vehemently opposes
the prayer as made in this criminal miscellaneous petition. It is
submitted by the learned Addl. P.P. that in this criminal
miscellaneous petition, no prayer has been made to quash the
non-bailable warrant of arrest issued against the petitioner, nor
the said order by which nonbailable warrant of arrest has been
issued, is under challenge. It is next submitted that the petitioner
admits that on 03.12.2024, warrant of arrest was issued against the
petitioner and the same was received by the I.O. of the case on the
same date of issuance of the non-bailable warrant of arrest. It is
then submitted by the learned Addl. P.P. that it is crystal clear that
though the petitioner was very much aware about non-bailable
warrant of arrest having been issued against him, neither he has
submitted to the jurisdiction of the trial court nor he has appeared
before the trial court being the court of learned A.C.J.M., Nagar
Untari, Garhwa as directed by the learned A.C.J.M., Nagar Untari,
Garhwa to appear on or before 12:00 noon of 25.04.2025. It is next
submitted that there is absolutely no illegality in the order dated
06.03.2025 as undisputedly, there is ample material in the record
for the learned A.C.J.M., Nagar Untari, Garhwa to be satisfied that
the petitioner was absconding to evade his arrest as is evident
from para -70, 77, 92 & 100 of the case diary which has also been
mentioned in the order dated 06.03.2025; which order is
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impugned in this criminal miscellaneous petition. It is next
submitted by the learned Addl. P.P. that it is a settled principle of
law that mere filing of an anticipatory bail application will not
suspend the proceeding before a trial court and in this case,
admittedly the petitioner even after rejection of his anticipatory
bail application by the learned Additional Sessions Judge, still did
not appear before the learned trial court; knowing pretty well that
non-bailable warrant of arrest has been issued against him and
which only corroborates the contention of the I.O. of the case
which was also accepted by the learned A.C.J.M., Nagar Untari,
Garhwa, that the petitioner was absconding to evade his arrest.
Hence, it is submitted that this criminal miscellaneous petition
being without any merit be dismissed.
7. Having heard the submissions made at the Bar and after going
through the materials available in the record, it is pertinent to
mention here that it is a settled principle of law as has been
reiterated by the Hon'ble Supreme Court of Indian in the case of
Srikant Upadhyay & Ors. Vs. State of Bihar & Anr., reported in
2024 SCC Online SC 282 that filing of an anticipatory bail
through an advocate would not and could not inter-alia be treated
as appearance of a person before the trial court. Section 82 of the
Code of Criminal Procedure mandates that if any court has reason
to believe that any person against whom warrant has been issued
by it has absconded or concealing himself, so that such warrant
cannot be executed; such court may publish a written
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proclamation requiring him to appear at a specified place, at
specified time within not less than 30 days from the date of
publishing such proclamation. Now undisputedly, a non-bailable
warrant of arrest was issued against the petitioner on 03.12.2024
about which the petitioner was very much aware as the same has
also been mentioned in this criminal miscellaneous petition. The
petitioner never challenged the issuance of such non-bailable
warrant of arrest at any point of time.
8. Under such circumstances, as undisputedly, there were
sufficient materials before the learned A.C.J.M., Nagar Untari,
Garhwa to be satisfied that the petitioner was absconding to
evade the execution of the non-bailable warrant of arrest issued
against him. So, this Court do not find any illegality in the order
dated 06.03.2025, passed by the learned learned A.C.J.M., Nagar
Untari, Garhwa in Nagar Untari Mahila P.S. Case No. 25 of 2024;
warranting interference of this court, in exercise of its power
under Section 528 of the BNSS.
9. Accordingly, this criminal miscellaneous petition being without
any merit is dismissed.
(Anil Kumar Choudhary, J.)
High Court of Jharkhand, Ranchi
Dated the 12th June, 2025
AFR/Sonu-Gunjan/-
