Rajesh Saw 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 BNSS with the prayer of quashing and setting aside the order dated 25.11.2025 passed by learned Sessions Judge, Bokaro in connection with NDPS case no. 06 of 2025 arising out of Petarwar P.S. case no. 127 of 2025 whereby and where under, learned Sessions Judge, Bokaro has issued proclamation under Section 82 of CrPC without fixing time and place for appearance of the accused persons of the case, including the three petitioners of this Petition.

It is submitted by learned counsel for the petitioners that the order dated 25.11.2025 passed by learned Sessions Judge, Bokaro in connection with NDPS case no. 06 of 2025 arising out of Petarwar P.S. case no. 127 of 2025 is not sustainable in law as learned Sessions Judge, Bokaro has failed to fix the time and place for appearance of the accused persons, in respect of whom, the proclamation under Section 82 of CrPC has been issued, hence, it is submitted that the prayer as made in this Criminal Miscellaneous Petition be allowed.

Learned Spl. PP on the other hand submits that the petitioners who are the accused persons of the case, are expected to appears before the court concerned, during the court hours on any day, after 30 days of the proclamation, hence, no illegality has been committed by learned Sessions Judge, Bokaro. It is lastly submitted that this Criminal Miscellaneous Petition being without any merit, be dismissed.

Having heard the submissions made at the Bar and after going through materials available in the record, it is pertinent to mention here that the court which decides to issue proclamation under Section 82 of CrPC after being satisfied that the accused person of the case is absconding and concealing himself to evade his arrest, then the court must fix time and place for appearance of the accused person, in respect of whom, the proclamation under Section 82 of CrPC is issued, in the order itself, by which such proclamation is ordered to be issued.

Now coming to the facts of the case, the undisputed fact remains that learned Sessions Judge, Bokaro has not mentioned any time or place for appearance of the accused persons of the case, including the petitioners herein in respect of whom order has been passed to issue the proclamation under section 82 of the Code of Criminal Procedure. Accordingly, this court has no hesitation in holding that the impugned order dated 25.11.2025 passed by learned Sessions Judge, Bokaro in connection with NDPS case no. 06 of 2025 arising out of Petarwar P.S. case no. 127 of 2025 is not sustainable in law.

Accordingly, the order dated 25.11.2025 passed by learned Sessions Judge, Bokaro in connection with NDPS case no. 06 of 2025 arising out of Petarwar P.S. case no. 127 of 2025 is quashed and set aside qua the petitioners only.

Learned Sessions Judge, Bokaro may pass a fresh order in accordance with law.

This Criminal Miscellaneous Petition is allowed to the aforesaid extent only.