Jharkhand High Court
Khushank Gohil vs The State Of Jharkhand ... Opposite ... on 2 February, 2026
Author: Anil Kumar Choudhary
Bench: Anil Kumar Choudhary
[2026:JHHC:2648]
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr.M.P. No.3689 of 2025
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Khushank Gohil, aged about 28 years, S/o Dipti Gohil having his current place of residence at Satellite, 4th floor, Sampatraj Apartment, Swaymbhu Shivani Road, near Woman Police Station, Panjarapol, Ahmedabad City 380015 ... Petitioner Versus The State of Jharkhand ... Opposite Party
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For the Petitioner : Mr. Ajit Kumar, Sr. Advocate
Mr. Parth Jalan, Advocate
For the State : Mrs. Priya Shrestha, Spl.P.P.
(through VC)
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PRESENT
HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY
By the Court:- I.A. No.1200 of 2026
1. Heard the parties.
2. Learned senior counsel for the petitioner submits that the petitioner does not press this interlocutory application.
3. Accordingly, this interlocutory application is rejected as not pressed.
(Anil Kumar Choudhary, J.) Cr.M.P. No.3689 of 2025
1. Heard the parties.
2. This Criminal Miscellaneous Petition has been filed apparently invoking the jurisdiction of this Court under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, however in the amended 1 Cr. M.P. No.3689 of 2025 [2026:JHHC:2648] petition dated 16.01.2026, it has been mentioned that this criminal miscellaneous petition has been filed under Section 528 of the Bharatiya Nyaya Sanhita, 2023. This criminal miscellaneous petition has been filed with the prayer to quash the order dated 07.11.2025 and the order dated 02.01.2026 passed in connection with Bank More P.S. Case no. 213 of 2025 involving the offences punishable under Sections 69, 316(2), 318(4) and 3(5) of the Bharatiya Nyaya Sanhita, 2023 on the ground that the same has been passed without proper application of mind.
3. Learned senior counsel for the petitioner submits that as mentioned in para-18 of this petition the petitioner after coming to know about an order by which he has been proclaimed as an accused, he took immediate steps to obtain a certified copy of the order dated 07.11.2025. It is next submitted that the order dated 07.11.2025 has been passed in a most routine and ritualistic manner as by way of Section 531 of the Bharatiya Nyaya Sanhita, 2023, though the Code of Criminal Procedure, 1973 has been repealed with effect from 25.12.2023, yet the learned Chief Judicial Magistrate, Dhanbad exercised the power under Section 82 of the Code of Criminal Procedure for issuing the proclamation, whereas the correct provision of law for the same is Section 84 of the Bharatiya Nyaya Sanhita, 2023 as mentioned in para- 19 of this Criminal Miscellaneous Petition. It is then submitted that the contents of Section 82 of the Code of Criminal Procedure significantly differ from Section 84 of the Bharatiya Nyaya Sanhita, 2023. It is further submitted that the petitioner flew to Dubai and as soon as the 2 Cr. M.P. No.3689 of 2025 [2026:JHHC:2648] petitioner came to know about the visit of the police for the purpose of investigation, he immediately sent a written representation to the Investigating Officer of the case that he is in Dubai for the purpose of business and would return to India on 25.11.2025. It is also submitted that the order dated 07.11.2025 has been passed because of concealing the material facts from the court. It is then submitted that the petitioner was completely unaware about the warrant having been issued in his name and the petitioner came to know about the coercive action taken against him only on 14.11.2025 when the anticipatory bail filed by the petitioner was listed for hearing. It is then submitted that the petitioner has been declared as an absconder. It is further submitted that during the pendency of this Criminal Miscellaneous Petition, permission has been accorded under Section 83 of the Code of Criminal Procedure vide order dated 02.01.2026 even though the petitioner has no property in the District of East Singhbhum or Dhanbad. Hence, it is submitted that the prayer as prayed for in this Criminal Miscellaneous Petition be allowed.
4. Learned Spl.P.P. appearing for the State on the other hand vehemently opposes the prayer of the petitioner made in this Criminal Miscellaneous Petition and submits that though the petitioner has mentioned that this petition has been filed under Section 528 of the Bharatiya Nyaya Sanhita, 2023, still this Court is treating the same under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023. Similarly, in a transition phase when some of the case records are governed by the provisions of the Code of Criminal Procedure whereas 3 Cr. M.P. No.3689 of 2025 [2026:JHHC:2648] some other case records are governed by the provisions of the Bharatiya Nagarik Suraksha Sanhita, 2023; because of clerical error instead of the issuance of the process being mentioned as Section 84 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the corresponding Section of old Act i.e. Section 82 of the Code of Criminal Procedure has been mentioned in the said order dated 07.11.2025. It is next submitted that Section 84 of the Bharatiya Nagarik Suraksha Sanhita, 2023 is a pari materia to Section 82 of the Code of Criminal Procedure. It is next submitted that the corresponding Statute of the Code of Criminal Procedure, 1973 is the Bharatiya Nagarik Suraksha Sanhita, 2023, so the submissions made by the petitioner in para-19 of this Criminal Miscellaneous Petition that Section 82 of the Code of Criminal Procedure significantly differs from Section 84 of the Bharatiya Nyaya Sanhita, 2023, is irrelevant because the Bharatiya Nyaya Sanhita, 2023 corresponds to the old Statute of the Indian Penal Code, so, certainly, it is not expected that there would be any similarity between Section 84 of the Bharatiya Nyaya Sanhita, 2023 and Section 82 of the Code of Criminal Procedure. It is then submitted that merely because in the order dated 07.11.2025, instead of the provision of law being mentioned as Section 84 of Bharatiya Nagarik Suraksha Sanhita, 2023, the old corresponding Section of 82 of the Code of Criminal Procedure has been mentioned; by that accidental slip, the entire order dated 07.11.2025 cannot be vitiated or for that matter, the order dated 02.01.2026 can also not be vitiated for use of the Section 83 of the Code of Criminal Procedure instead of corresponding Section 85 of the 4 Cr. M.P. No.3689 of 2025 [2026:JHHC:2648] Bharatiya Nagarik Suraksha Sanhita, 2023. It is then submitted that when police searches for an accused persons of a case, to facilitate investigation of the case, merely sending a communication to the police by one means or other that the petitioner is not available to appear before the police; that too, without mentioning the present address of the accused, the accused cannot escape from the coercive measures envisaged under the provisions of the Bharatiya Nagarik Suraksha Sanhita, 2023, which corresponds to the Code of Criminal Procedure, for ensuring his attendance including issuance of the process under Section 82 of the Code of Criminal Procedure which corresponds to Section 84 of the Bharatiya Nagarik Suraksha Sanhita, 2023. It is also submitted that the learned Chief Judicial Magistrate, Dhanbad has recorded its satisfaction that the petitioner is absconding and concealing himself to evade his arrest and after being thus satisfied, the learned Chief Judicial Magistrate, Dhanbad has ordered for issuance of the proclamation under Section 84 of the Bharatiya Nagarik Suraksha Sanhita, 2023 fixing the time and place for appearance of the accused persons of the case, who is the petitioner herein and similarly, in the order dated 02.01.2026 after being satisfied that even after the promulgation of the written proclamation under Section 84 of the Bharatiya Nagarik Suraksha Sanhita, 2023, still as the petitioner did not appear before the court concerned, attachment order of the property of the petitioner has been issued. It is lastly submitted that the process under Section 83 of the Code of Criminal Procedure which corresponds to Section 85 of the Bharatiya Nagarik Suraksha Sanhita, 2023 has been 5 Cr. M.P. No.3689 of 2025 [2026:JHHC:2648] passed vide order dated 02.01.2026 in connection with Bank More P.S. Case No. 213 of 2025, hence, there is no illegality in the said order as well. Hence, it is submitted that this Criminal Miscellaneous Petition, being without any merit, be dismissed.
5. Having heard the rival submissions made at the Bar and after carefully going through the materials available in the record, this Court finds that in the order dated 07.11.2025 except for referring to the relevant provisions of law as Section 84 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the learned Chief Judicial Magistrate, Dhanbad has mentioned the corresponding provision of the earlier procedural law for criminal cases being Section 82 of the Code of Criminal Procedure. Similarly, in the order dated 02.01.2026, the learned Chief Judicial Magistrate, Dhanbad has mentioned the old provisions of law of Section 83 of the Code of Criminal Procedure instead of corresponding new provisions of law being Section 85 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The same, in the considered opinion of this Court, keeping in view that the same is an apparent clerical error which happened apparently because of pending of the cases in the same court, some of which are governed by the procedural law for criminal cases as provided for in the Code of Criminal Procedure, while other cases in the same court, are governed by the procedural law as provided for in the Bharatiya Nagarik Suraksha Sanhita, 2023; so, on this score alone the said order shall not stand vitiated only because the corresponding old provision of law has been mentioned. 6 Cr. M.P. No.3689 of 2025
[2026:JHHC:2648]
6. Now coming to the merits of the order dated 07.11.2025 passed by the learned Chief Judicial Magistrate, Dhanbad; in the said order, the learned Chief Judicial Magistrate, Dhanbad has recorded its satisfaction that the petitioner was absconding and concealing himself to evade his arrest and being so satisfied, the learned Chief Judicial Magistrate, Dhanbad has ordered for issuance of the proclamation under Section 82 of the Code of Criminal Procedure corresponding to Section 84 of the Bharatiya Nagarik Suraksha Sanhita, 2023 fixing the time and place for appearance of the petitioner who is the accused person of the case.
7. The contention of the petitioner that the petitioner informed the Investigating Officer of the case that he is not available to appear before the Investigating Officer that too without mentioning his present address, sufficient enough to identify the place at which the petitioner was at the relevant time is concerned, certainly is not a ground not to adopt the coercive measures provided for in the provisions of law for ensuring attendance of the petitioner. Thus, this Court do not find any illegality in the said order dated 07.11.2025 passed by the learned Chief Judicial Magistrate, Dhanbad warranting interference of this Court under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023.
8. So far as the order dated 02.01.2026 passed by the learned Chief Judicial Magistrate, Dhanbad is concerned, that is a consequential order consequent upon failure of the petitioner to appear before the 7 Cr. M.P. No.3689 of 2025 [2026:JHHC:2648] court concerned despite promulgation of the written proclamation made in accordance with law.
9. The undisputed fact remains that the promulgation of the proclamation under Section 82 of the Code of Criminal Procedure corresponds to Section 84 of the Bharatiya Nagarik Suraksha Sanhita, 2023 was made in accordance with law, but still the petitioner did not appear before the learned Chief Judicial Magistrate, Dhanbad on the date fixed.
10. Under such circumstances, this Court do not find any illegality in the order dated 02.01.2026 passed by the learned Chief Judicial Magistrate, Dhanbad by which attachment order of the property of the petitioner under Section 83 of the Code of Criminal Procedure corresponding to Section 85 of the Bharatiya Nagarik Suraksha Sanhita, 2023 has been issued, warranting interference of this Court under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023.
11. In view of the discussions made above, this Court is of the considered view that there is no justifiable reason to accede to the prayer of the petitioner made in this Criminal Miscellaneous Petition, warranting interference of this Court under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023.
12. Accordingly, this Criminal Miscellaneous Petition, being without any merit, is dismissed.
(Anil Kumar Choudhary, J.) High Court of Jharkhand, Ranchi Dated the 02nd of February, 2026 AFR/ Saroj Uploaded on 05/02/2026 8 Cr. M.P. No.3689 of 2025