Ravi Oraon, s/o Mangaldeo Oraon 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 Bharatiya Nagarik Suraksha Sanhita, 2023 with the prayer to set aside the order dated 18.11.2025 passed by the learned Chief Judicial Magistrate, Latehar in connection with Latehar P.S. Case No. 195 of 2024 by which the learned Chief Judicial Magistrate, Latehar has issued written proclamation under Section 82 of Cr.P.C. consequent upon the petitioners absconding and concealing themselves to evade their arrest and the learned Chief Judicial Magistrate, Latehar has also fixed the time and place for appearance of the petitioners.

It is submitted by the learned counsel for the petitioners that the allegations against the petitioners are all false. It is next submitted by the learned counsel for the petitioners that the petitioners were not present at the place of occurrence. Hence, it is submitted that the written proclamation under Section 82 of Cr.P.C. ought not to have been allowed.

Learned Spl. P.P. on the other hand vehemently opposes the prayer and submits that the learned Chief Judicial Magistrate, Latehar has categorically recorded its satisfaction that the accused persons of the case i.e. the petitioners herein are absconding and concealing themselves to evade their arrest and after being so satisfied has directed for issuance of written proclamation fixing the time and place for appearance of the accused persons of the case. Hence, it is submitted that there is no illegality in the said order and therefore, this criminal miscellaneous petition being without any merit be dismissed.

Having heard the submissions made at the Bar and after going through the materials available in the record, this Court finds that the learned Chief Judicial Magistrate, Latehar has recorded its satisfaction that the petitioners are absconding and concealing themselves to evade their arrest and after being so satisfied has directed for issuance of written proclamation under Section 82 of Cr.P.C. hence, there is no illegality in the order dated 18.11.2025 passed by the learned Chief Judicial Magistrate, Latehar in connection with Latehar P.S. Case No. 195 of 2024 warranting interference of this Court with the same in exercise of the power under Section 528 of B.N.S.S., 2023.

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