Jharkhand High Court
Shivam Kumar Singh vs The State Of Jharkhand ... Opposite ... on 1 April, 2026
Author: Anil Kumar Choudhary
Bench: Anil Kumar Choudhary
( 2026:JHHC:9239 )
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr.M.P. No.769 of 2026
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Shivam Kumar Singh, aged about 23 years, son of Shyam Kumar Singh, resident of village Banthu, P.O.-Parsouni, P.S.-Itkhori, Banthu, District-Chatra, Jharkhand.
... Petitioner
Versus
The State of Jharkhand ... Opposite Party
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For the Petitioner : Mr. Indrajit Sinha, Advocate
: Mr. Rishav Kumar, Advocate
: Ms. Rashika Bajaj, Advocate
For the State : Mr. Shailesh Kr. Sinha, Addl.P.P.
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PRESENT
HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY
By the Court:- Heard the parties.
2. This Criminal Miscellaneous Petition has been filed invoking the jurisdiction of this Court under Section 528 of the BNSS, 2023 with several prayers, but the learned counsel for the petitioner does not press the prayer for quashing the order dated 12.12.2025 and only confines his prayer for quashing the order dated 06.01.2026 passed by the learned JMFC, Hazaribagh in connection with Barhi Mahila P.S. Case No.13 of 2025 registered for the offences punishable under Section 64(2)(m) of the 1 Cr. M.P. No.769 of 2026 ( 2026:JHHC:9239 ) BNS, 2023 whereby and whereunder the learned JMFC, Hazaribagh has issued proclamation under Section 82 of the Code of Criminal Procedure which corresponds to Section 84 of the BNSS, 2023.
3. Accordingly, the prayer for quashing the order dated 12.12.2025 passed by the learned JMFC, Hazaribagh in connection with Barhi Mahila P.S. Case No.13 of 2025 registered for the offences punishable under Section 64(2)(m) of the BNS, 2023 is rejected as not pressed.
4. Learned counsel for the petitioner submits that the proclamation under Section 82 of Cr.P.C. which corresponds to Section 84 of the BNSS, 2023 has been issued vide order dated 06.01.2026 without following the due process of law and without recording the satisfaction that the petitioner is absconding or concealing himself to evade his arrest; which is a sine qua non for issuing proclamation under Section 82 of Cr.P.C. which corresponds to Section 84 of the BNSS, 2023, that too without fixing any time and place for appearance of the petitioner- who is the accused person of the said case. Hence, it is submitted that the order dated 06.01.2026 passed by the learned JMFC, Hazaribagh in connection with Barhi Mahila P.S. Case No.13 of 2025 registered for the offences punishable under Section 64(2)(m) of the BNS, 2023 whereby and whereunder the learned JMFC, Hazaribagh has issued proclamation under Section 82 of the Code of Criminal Procedure; which corresponds to Section 84 of the BNSS, 2023, be allowed.
5. Learned Addl.P.P. appearing for the State vehemently opposes the prayer for quashing the order dated 06.01.2026 passed by the learned 2 Cr. M.P. No.769 of 2026 ( 2026:JHHC:9239 ) JMFC, Hazaribagh in connection with Barhi Mahila P.S. Case No.13 of 2025 registered for the offences punishable under Section 64(2)(m) of the BNS, 2023 whereby and whereunder the learned JMFC, Hazaribagh has issued proclamation under Section 82 of the Code of Criminal Procedure which corresponds to Section 84 of the BNSS, 2023 and submits that the very fact that the learned JMFC, Hazaribagh has issued the proclamation under Section 82 of Cr.P.C. which corresponds to Section 84 of the BNSS, 2023, itself shows that there were materials available in the record for the learned JMFC, Hazaribagh to be satisfied that there is justification for issuance of such proclamation. Hence, it is submitted that this Criminal Miscellaneous Petition, being without any merit, be dismissed.
6. Having heard the rival submissions made at the Bar and after carefully going through the materials available 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 the BNSS, 2023 must record its satisfaction that the accused in respect of whom the proclamation under Section 82 of Cr.P.C. which corresponds to Section 84 of the BNSS, 2023 is made, is absconding or concealing himself to evade his arrest and in case the court decides to issue proclamation under Section 82 of Cr.P.C. which corresponds to Section 84 of the BNSS, 2023 it must mention the time and place for appearance of the petitioner in the order itself by which the proclamation under Section 82 of Cr.P.C. which corresponds to Section 84 of the BNSS, 2023 is issued. As already indicated above since the learned 3 Cr. M.P. No.769 of 2026 ( 2026:JHHC:9239 ) JMFC, Hazaribagh has neither recorded its satisfaction that the petitioner is absconding or concealing himself to evade his arrest nor fixed any time or place for appearance of the petitioner, this Court has no hesitation in holding that the learned JMFC, Hazaribagh has committed illegality by issuing the said proclamation under Section 82 of Cr.P.C. which corresponds to Section 84 of the BNSS, 2023 without complying the mandatory requirements of law. Hence, the same is not sustainable in law and the continuation of the same will amount to abuse of process of law. Therefore, this is a fit case where the order dated 06.01.2026 passed by the learned JMFC, Hazaribagh in connection with Barhi Mahila P.S. Case No.13 of 2025 registered for the offences punishable under Section 64(2)(m) of the BNS, 2023 whereby and whereunder the learned JMFC, Hazaribagh has issued proclamation under Section 82 of the Code of Criminal Procedure which corresponds to Section 84 of the BNSS, 2023, be quashed and set aside qua the petitioner only.
7. Accordingly, the order dated 06.01.2026 passed by the learned JMFC, Hazaribagh in connection with Barhi Mahila P.S. Case No.13 of 2025 registered for the offences punishable under Section 64(2)(m) of the BNSS, 2023 whereby and whereunder the learned JMFC, Hazaribagh has issued proclamation under Section 82 of the Code of Criminal Procedure which corresponds to Section 84 of the BNS, 2023, is quashed and set aside qua the petitioner only.
8. The learned JMFC, Hazaribagh may pass a fresh order in accordance with law.
4 Cr. M.P. No.769 of 2026
( 2026:JHHC:9239 )
9. In the result, this Cr.M.P. stands allowed to the aforesaid extent only.
(Anil Kumar Choudhary, J.) High Court of Jharkhand, Ranchi Dated the 01st of April, 2026 AFR/ Abhiraj Uploaded on 04/04/2026 5 Cr. M.P. No.769 of 2026