Shivshankar Dubey @ Munna 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 the Bhartiya Nagarik Suraksha Sanhita, 2023 with a prayer to quash the order dated 14.08.2024 passed by the learned Judicial Magistrate-1st Class, Chatra in connection with Tandwa P.S. Case No.03 of 2020 corresponding to G.R. No.2210 of 2022 whereby and where under the learned Judicial Magistrate-1st Class, Chatra has ordered for issuance of the proclamation under Section 82 of Cr.P.C. against the petitioner.

The brief facts of the case is that on 14.08.2024, a petition was submitted by the Investigating Officer of the case with a prayer for issuance of the proclamation under Section 82 of the Cr.P.C. against the petitioner. The Investigating Officer submitted the execution report of the non-bailable warrant of arrest and the case-diary. From the same, the learned Judicial Magistrate became satisfied that the petitioner who is the accused person of the said Tandwa P.S. Case No.03 of 2020 corresponding to G.R. No.2210 of 2022, is concealing himself to evade his arrest and on being thus satisfied, passed order for issuance of the proclamation under Section 82 of the Cr.P.C. by fixing 26.09.2024 at 10:30 am for appearance of the petitioner/accused person.

Learned counsel for the petitioner submits that impugned order is motivated, vexatious, malafide and an abuse of the process of law. Therefore, it is submitted that the same be quashed and set aside.

Learned Spl.P.P. appearing for the State on the other hand vehemently opposes the prayer and submits that the learned Judicial Magistrate-1st Class, Chatra has recorded its satisfaction that the petitioner is concealing himself to evade his arrest and thus, being satisfied, has ordered for issuance of the proclamation fixing the date and time for appearance of the petitioner. Hence, there is absolutely no illegality in the impugned order. It is lastly submitted that this Cr.M.P., being without any merit, be dismissed.

Having heard the rival submissions made at the Bar and after carefully going through the materials available in the record, this Court finds that the learned Judicial Magistrate-1st Class, Chatra after going through the materials available in the record, was satisfied that the petitioner was absconding and concealing himself to evade his arrest and being thus satisfied, issued the proclamation under Section 82 of Cr.P.C. inter alia against the petitioner in accordance with law.

Under such circumstances, there being no illegality in the order dated 14.08.2024 passed by the learned Judicial Magistrate-1st Class, Chatra in connection with Tandwa P.S. Case No.03 of 2020 corresponding to G.R.No.2210 of 2022 whereby and where under the learned Judicial Magistrate-1st Class, Chatra has ordered for issuance of the proclamation under Section 82 of Cr.P.C. inter alia against the petitioner; this Court is not inclined to interfere with the same in exercise of its power under Section 528 of the Bhartiya Nagarik Suraksha Sanhita, 2023.

Accordingly, this Cr.M.P., being without any merit, is dismissed.