Sujit Yadav @ Gola Yadav 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 11.11.2025 passed by the learned Additional Chief Judicial Magistrate, Latehar in connection with Chandwa P.S. Case No.192 of 2024 (s) whereby and where under, the learned Additional Chief Judicial Magistrate, Latehar has issued the written proclamation without fixing any time and place for appearance of the petitioner.

It is submitted by the learned counsel for the petitioner that vide order dated 11.11.2025, the learned Additional Chief Judicial Magistrate, Latehar has committed a grave error by not fixing any time or place for the appearance of the petitioner who is the accused person of the case while issuing the written proclamation. It is then submitted that therefore, the same is not in accordance with law. Hence, it is submitted that the prayer as made in this criminal miscellaneous petition be allowed.

Learned Additional Public Prosecutor on the other hand opposes the prayer and submits that even though the time and place for appearance of the petitioner have not been specifically mentioned but it is apparent that the petitioner has to appear before the court below after 30 days from the date when the written proclamation is made. 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. which corresponds to Section 84 of B.N.S.S. must record its satisfaction that the accused in respect of whom, the said proclamation is made, is absconding or concealing himself to evade his arrest and in case the court decides to issue proclamation, it must mention the time and place for appearance of the petitioner in the order itself by which the said proclamation is issued.

Now coming to the facts of the case, this Court finds that without fixing any time or place for appearance of the petitioner who is the accused person of the case concerned, learned Additional Chief Judicial Magistrate, Latehar has passed the order dated 11.11.2025 in connection with Chandwa P.S. Case No.192 of 2024 (s). Hence, the same is not sustainable in law and the continuation of the same will amount to abuse of process of law and this is a fit case where the order dated 11.11.2025 passed by the learned Additional Chief Judicial Magistrate, Latehar in connection with Chandwa P.S. Case No.192 of 2024 (s) be quashed and set aside qua the petitioner.

Accordingly, the order dated 11.11.2025 passed by the learned Additional Chief Judicial Magistrate, Latehar in connection with Chandwa P.S. Case No.192 of 2024 (s), is quashed and set aside qua the petitioner.

The learned Additional Chief Judicial Magistrate, Latehar may pass a fresh order in accordance with law.

In the result, this criminal miscellaneous petition is allowed.