Rahul Kumar Tiwari @ Rahul Tiwari 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 16.12.2025 passed by the learned Judicial Magistrate 1st Class, Jamshedpur in connection with Mango P.S. Case No.201 of 2025 whereby and where under, the learned Judicial Magistrate 1st Class, Jamshedpur has directed for issuance of the  process  under Section  82  of  Cr.P.C  after being satisfied  that  the petitioners who are the accused persons of the said case were absconding or concealing themselves to evade their arrest.

It  is  submitted  by  the  learned  counsel  for  the  petitioners  that  the petitioners are innocent and have not committed any offence and they have been falsely implicated in this case. It is further submitted that without application of judicial mind, the learned Judicial Magistrate -1st Class, Jamshedpur has directed for issuance of the proclamation  under Section  82 of  the  Cr.P.C.  Hence, it is submitted that the prayer as prayed for by the petitioners in this criminal miscellaneous petition be allowed.

The learned Additional Public Prosecutor on the other hand vehemently opposes the prayer and submits that the learned Judicial Magistrate -1st Class, Jamshedpur has  recorded its  satisfaction that the petitioners who are the accused persons of the case are absconding and concealing themselves to evade their arrest and has directed for issuance of the proclamation under Section 82 of Cr.P.C. fixing the time and place for appearance of the petitioners. Therefore, there is no illegality in the said order dated 16.12.2025 passed by the learned Judicial Magistrate 1st Class, Jamshedpur in connection with Mango P.S. Case No.201 of 2025. 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,  this  Court  after  perusal  of  the order dated  16.12.2025 passed  by the  learned  Judicial Magistrate  1st Class, Jamshedpur in connection with Mango P.S. Case No.201 of

2025,  finds  that  the  learned  Magistrate  has  recorded  its  satisfaction that the petitioners are absconding and concealing themselves to evade  the  execution  of  the  non-bailable  warrant  of  their  arrest  and being thus satisfied has directed for issuance of the proclamation under Section 82 Cr.P.C., fixing time and place for appearance of the petitioners who are the accused persons of the case.

Under such circumstances, this Court do not  find  any illegality in the order dated 16.12.2025 passed by the learned Judicial Magistrate 1st Class, Jamshedpur in connection with Mango P.S. Case No.201 of 2025,  warranting  interference  of  this  Court  in  exercise  of  its  power under Section 528 of B.N.S.S., 2023.

Accordingly, this criminal miscellaneous petition being without any merit is dismissed.