Chhote Lal Mahto @ Chhotelal Kumar vs State Of Jharkhand

Anil Kumar Choudhary, J

Heard the parties.

This criminal miscellaneous petition has been filed invoking the jurisdiction of this Court under Section 528 of B.N.S.S., 2023 with the prayer to quash the order dated 11.12.2025 passed by the learned Judicial Magistrate 1st Class, Bokaro in connection with B.S. City Mahila P.S. Case No.12 of 2025.

It is submitted by the learned counsel for the petitioner that since the learned Judicial Magistrate 1st Class, Bokaro has directed to issue the proclamation under Section 82 of Cr.P.C. without fixing any time or place for appearance of the petitioner, who is the accused person of the case concerned therefore, the same is not in accordance with law. Hence, it is submitted that order dated 11.12.2025 passed by the learned Judicial Magistrate 1st Class, Bokaro in connection with B.S. City Mahila P.S. Case No.12 of 2025 be quashed and set aside.

Learned Additional Public Prosecutor on the other hand opposes the prayer and submits that the petitioner was supposed to appear before the learned trial court during court hours after 30 days of the publication of the proclamation; therefore, no illegality has been committed by the court concerned. Hence, it is submitted that this criminal miscellaneous petition being without any merit be dismissed.

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 1st Class, Bokaro 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 1st Class, Bokaro 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. Therefore, this is a fit case where the order dated 11.12.2025 passed by the learned Judicial Magistrate 1st Class, Bokaro in connection with B.S. City Mahila P.S. Case No.12 of 2025 be quashed and set aside qua the petitioner.

Accordingly, the order dated 11.12.2025 passed by the learned Judicial Magistrate 1st Class, Bokaro in connection with B.S. City Mahila P.S. Case No.12 of 2025, is quashed and set aside qua the petitioner.

The learned Judicial Magistrate 1st Class, Bokaro may pass a fresh order in accordance withlaw.

In the result, this criminal miscellaneous petition is allowed.