[Cites 6, Cited by 0]
Jharkhand High Court
Khushank Gohil vs The State Of Jharkhand ... Opposite ... on 2 February, 2026
Author: Anil Kumar Choudhary
Bench: Anil Kumar Choudhary
[2026:JHHC:2648]
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr.M.P. No.3689 of 2025
------
Khushank Gohil, aged about 28 years, S/o Dipti Gohil having his
current place of residence at Satellite, 4th floor, Sampatraj
Apartment, Swaymbhu Shivani Road, near Woman Police
Station, Panjarapol, Ahmedabad City 380015
... Petitioner
Versus
The State of Jharkhand ... Opposite Party
------
For the Petitioner : Mr. Ajit Kumar, Sr. Advocate
Mr. Parth Jalan, Advocate
For the State : Mrs. Priya Shrestha, Spl.P.P.
(through VC)
------
PRESENT
HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY
By the Court:- I.A. No.1200 of 2026
1. Heard the parties.
2. Learned senior counsel for the petitioner submits that the
petitioner does not press this interlocutory application.
3. Accordingly, this interlocutory application is rejected as not
pressed.
(Anil Kumar Choudhary, J.)
1. Heard the parties.
2. This Criminal Miscellaneous Petition has been filed apparently
invoking the jurisdiction of this Court under Section 528 of the
Bharatiya Nagarik Suraksha Sanhita, 2023, however in the amended
[2026:JHHC:2648]
petition dated 16.01.2026, it has been mentioned that this criminal
miscellaneous petition has been filed under Section 528 of the
Bharatiya Nyaya Sanhita, 2023. This criminal miscellaneous petition
has been filed with the prayer to quash the order dated 07.11.2025 and
the order dated 02.01.2026 passed in connection with Bank More P.S.
Case no. 213 of 2025 involving the offences punishable under Sections
69, 316(2), 318(4) and 3(5) of the Bharatiya Nyaya Sanhita, 2023 on the
ground that the same has been passed without proper application of
mind.
3. Learned senior counsel for the petitioner submits that as
mentioned in para-18 of this petition the petitioner after coming to
know about an order by which he has been proclaimed as an accused,
he took immediate steps to obtain a certified copy of the order dated
07.11.2025. It is next submitted that the order dated 07.11.2025 has been
passed in a most routine and ritualistic manner as by way of Section
531 of the Bharatiya Nyaya Sanhita, 2023, though the Code of Criminal
Procedure, 1973 has been repealed with effect from 25.12.2023, yet the
learned Chief Judicial Magistrate, Dhanbad exercised the power under
Section 82 of the Code of Criminal Procedure for issuing the
proclamation, whereas the correct provision of law for the same is
Section 84 of the Bharatiya Nyaya Sanhita, 2023 as mentioned in para-
19 of this Criminal Miscellaneous Petition. It is then submitted that the
contents of Section 82 of the Code of Criminal Procedure significantly
differ from Section 84 of the Bharatiya Nyaya Sanhita, 2023. It is further
submitted that the petitioner flew to Dubai and as soon as the
[2026:JHHC:2648]
petitioner came to know about the visit of the police for the purpose of
investigation, he immediately sent a written representation to the
Investigating Officer of the case that he is in Dubai for the purpose of
business and would return to India on 25.11.2025. It is also submitted
that the order dated 07.11.2025 has been passed because of concealing
the material facts from the court. It is then submitted that the petitioner
was completely unaware about the warrant having been issued in his
name and the petitioner came to know about the coercive action taken
against him only on 14.11.2025 when the anticipatory bail filed by the
petitioner was listed for hearing. It is then submitted that the petitioner
has been declared as an absconder. It is further submitted that during
the pendency of this Criminal Miscellaneous Petition, permission has
been accorded under Section 83 of the Code of Criminal Procedure
vide order dated 02.01.2026 even though the petitioner has no property
in the District of East Singhbhum or Dhanbad. Hence, it is submitted
that the prayer as prayed for in this Criminal Miscellaneous Petition be
allowed.
4. Learned Spl.P.P. appearing for the State on the other hand
vehemently opposes the prayer of the petitioner made in this Criminal
Miscellaneous Petition and submits that though the petitioner has
mentioned that this petition has been filed under Section 528 of the
Bharatiya Nyaya Sanhita, 2023, still this Court is treating the same
under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Similarly, in a transition phase when some of the case records are
governed by the provisions of the Code of Criminal Procedure whereas
[2026:JHHC:2648]
some other case records are governed by the provisions of the
Bharatiya Nagarik Suraksha Sanhita, 2023; because of clerical error
instead of the issuance of the process being mentioned as Section 84 of
the Bharatiya Nagarik Suraksha Sanhita, 2023, the corresponding
Section of old Act i.e. Section 82 of the Code of Criminal Procedure has
been mentioned in the said order dated 07.11.2025. It is next submitted
that Section 84 of the Bharatiya Nagarik Suraksha Sanhita, 2023 is a pari
materia to Section 82 of the Code of Criminal Procedure. It is next
submitted that the corresponding Statute of the Code of Criminal
Procedure, 1973 is the Bharatiya Nagarik Suraksha Sanhita, 2023, so the
submissions made by the petitioner in para-19 of this Criminal
Miscellaneous Petition that Section 82 of the Code of Criminal
Procedure significantly differs from Section 84 of the Bharatiya Nyaya
Sanhita, 2023, is irrelevant because the Bharatiya Nyaya Sanhita, 2023
corresponds to the old Statute of the Indian Penal Code, so, certainly, it
is not expected that there would be any similarity between Section 84
of the Bharatiya Nyaya Sanhita, 2023 and Section 82 of the Code of
Criminal Procedure. It is then submitted that merely because in the
order dated 07.11.2025, instead of the provision of law being
mentioned as Section 84 of Bharatiya Nagarik Suraksha Sanhita, 2023,
the old corresponding Section of 82 of the Code of Criminal Procedure
has been mentioned; by that accidental slip, the entire order dated
07.11.2025 cannot be vitiated or for that matter, the order dated
02.01.2026 can also not be vitiated for use of the Section 83 of the Code
of Criminal Procedure instead of corresponding Section 85 of the
[2026:JHHC:2648]
Bharatiya Nagarik Suraksha Sanhita, 2023. It is then submitted that
when police searches for an accused persons of a case, to facilitate
investigation of the case, merely sending a communication to the police
by one means or other that the petitioner is not available to appear
before the police; that too, without mentioning the present address of
the accused, the accused cannot escape from the coercive measures
envisaged under the provisions of the Bharatiya Nagarik Suraksha
Sanhita, 2023, which corresponds to the Code of Criminal Procedure,
for ensuring his attendance including issuance of the process under
Section 82 of the Code of Criminal Procedure which corresponds to
Section 84 of the Bharatiya Nagarik Suraksha Sanhita, 2023. It is also
submitted that the learned Chief Judicial Magistrate, Dhanbad has
recorded its satisfaction that the petitioner is absconding and
concealing himself to evade his arrest and after being thus satisfied, the
learned Chief Judicial Magistrate, Dhanbad has ordered for issuance of
the proclamation under Section 84 of the Bharatiya Nagarik Suraksha
Sanhita, 2023 fixing the time and place for appearance of the accused
persons of the case, who is the petitioner herein and similarly, in the
order dated 02.01.2026 after being satisfied that even after the
promulgation of the written proclamation under Section 84 of the
Bharatiya Nagarik Suraksha Sanhita, 2023, still as the petitioner did not
appear before the court concerned, attachment order of the property of
the petitioner has been issued. It is lastly submitted that the process
under Section 83 of the Code of Criminal Procedure which corresponds
to Section 85 of the Bharatiya Nagarik Suraksha Sanhita, 2023 has been
[2026:JHHC:2648]
passed vide order dated 02.01.2026 in connection with Bank More P.S.
Case No. 213 of 2025, hence, there is no illegality in the said order as
well. Hence, it is submitted that this Criminal Miscellaneous Petition,
being without any merit, be dismissed.
5. Having heard the rival submissions made at the Bar and after
carefully going through the materials available in the record, this Court
finds that in the order dated 07.11.2025 except for referring to the
relevant provisions of law as Section 84 of the Bharatiya Nagarik
Suraksha Sanhita, 2023, the learned Chief Judicial Magistrate, Dhanbad
has mentioned the corresponding provision of the earlier procedural
law for criminal cases being Section 82 of the Code of Criminal
Procedure. Similarly, in the order dated 02.01.2026, the learned Chief
Judicial Magistrate, Dhanbad has mentioned the old provisions of law
of Section 83 of the Code of Criminal Procedure instead of
corresponding new provisions of law being Section 85 of the Bharatiya
Nagarik Suraksha Sanhita, 2023. The same, in the considered opinion
of this Court, keeping in view that the same is an apparent clerical
error which happened apparently because of pending of the cases in
the same court, some of which are governed by the procedural law for
criminal cases as provided for in the Code of Criminal Procedure,
while other cases in the same court, are governed by the procedural
law as provided for in the Bharatiya Nagarik Suraksha Sanhita, 2023;
so, on this score alone the said order shall not stand vitiated only
because the corresponding old provision of law has been mentioned.
[2026:JHHC:2648]
6. Now coming to the merits of the order dated 07.11.2025 passed
by the learned Chief Judicial Magistrate, Dhanbad; in the said order,
the learned Chief Judicial Magistrate, Dhanbad has recorded its
satisfaction that the petitioner was absconding and concealing himself
to evade his arrest and being so satisfied, the learned Chief Judicial
Magistrate, Dhanbad has ordered for issuance of the proclamation
under Section 82 of the Code of Criminal Procedure corresponding to
Section 84 of the Bharatiya Nagarik Suraksha Sanhita, 2023 fixing the
time and place for appearance of the petitioner who is the accused
person of the case.
7. The contention of the petitioner that the petitioner informed the
Investigating Officer of the case that he is not available to appear
before the Investigating Officer that too without mentioning his
present address, sufficient enough to identify the place at which the
petitioner was at the relevant time is concerned, certainly is not a
ground not to adopt the coercive measures provided for in the
provisions of law for ensuring attendance of the petitioner. Thus, this
Court do not find any illegality in the said order dated 07.11.2025
passed by the learned Chief Judicial Magistrate, Dhanbad warranting
interference of this Court under Section 528 of the Bharatiya Nagarik
Suraksha Sanhita, 2023.
8. So far as the order dated 02.01.2026 passed by the learned Chief
Judicial Magistrate, Dhanbad is concerned, that is a consequential
order consequent upon failure of the petitioner to appear before the
[2026:JHHC:2648]
court concerned despite promulgation of the written proclamation
made in accordance with law.
9. The undisputed fact remains that the promulgation of the
proclamation under Section 82 of the Code of Criminal Procedure
corresponds to Section 84 of the Bharatiya Nagarik Suraksha Sanhita,
2023 was made in accordance with law, but still the petitioner did not
appear before the learned Chief Judicial Magistrate, Dhanbad on the
date fixed.
10. Under such circumstances, this Court do not find any illegality
in the order dated 02.01.2026 passed by the learned Chief Judicial
Magistrate, Dhanbad by which attachment order of the property of the
petitioner under Section 83 of the Code of Criminal Procedure
corresponding to Section 85 of the Bharatiya Nagarik Suraksha Sanhita,
2023 has been issued, warranting interference of this Court under
Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023.
11. In view of the discussions made above, this Court is of the
considered view that there is no justifiable reason to accede to the
prayer of the petitioner made in this Criminal Miscellaneous Petition,
warranting interference of this Court under Section 528 of the
Bharatiya Nagarik Suraksha Sanhita, 2023.
12. Accordingly, this Criminal Miscellaneous Petition, being
without any merit, is dismissed.
(Anil Kumar Choudhary, J.)
High Court of Jharkhand, Ranchi
Dated the 02nd of February, 2026
AFR/ Saroj
Uploaded on 05/02/2026
