JHARKHAND HIGH COURT ISSUES ORDER ON KISHOR MANDAL V/S THE STATE OF JHARKHAND

RANCHI, India, Nov. 4 -- Jharkhand High Court issued the following order on Oct. 6:

1. Heard the parties.

2. This criminal miscellaneous petition has been filed invoking the jurisdiction of this Court under Section 482 Cr.P.C. with the prayer to quash the order dated 17.05.2022 passed by the learned Sessions Judge, Giridih in Criminal Revision No. 39 of 2022 which was filed challenging the order dated 18.04.2011 passed by the learned Judicial Magistrate 1st Class, Giridih in connection with Gandey P.S. Case No.60 of 2005, corresponding to G.R. No.1670 of 2005 whereby and where under, the learned Judicial Magistrate 1st Class, Giridih has issued the proclamation under Section 82 Cr.P.C. against the petitioner, who is one of the accused person of the case.

3. It is submitted by the learned counsel for the petitioner that though the petitioner also prayed for quashing the order dated 18.07.2012 passed by the learned Judicial Magistrate 1st Class, Giridih in the said case by which the attachment order of the property of the petitioner was also issued but the petitioner does not press the said prayer and confines his prayer only to quash the order dated 18.04.2011 passed by the learned Judicial Magistrate 1st Class, Giridih in connection with Gandey P.S. Case No.60 of 2005, corresponding to G.R. No.1670 of 2005 by which the proclamation under Section 82 Cr.P.C. was issued.

4. Accordingly, the order dated 18.07.2012 passed by the learned Judicial Magistrate 1st Class, Giridih is rejected as not pressed.

5. So far as the order dated 18.04.2011 is concerned, it is submitted by the learned counsel for the petitioner that the learned Judicial Magistrate 1st Class, Giridih has issued the proclamation under Section 82 of Cr.P.C. 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. and without fixing any time or place for the appearance of the petitioner who is the accused person of the case; vide order dated 17.05.2022 in Criminal Revision No.39 of 2022, the learned Sessions Judge, Giridih without taking into consideration the settled principle of law, as to when the proclamation under Section 82 Cr.P.C. can be issued, has dismissed the said criminal revision in a mechanical manner, without application of mind. Hence, it is submitted that the prayer as prayed for by the petitioner in this criminal miscellaneous petition be allowed.

6. Learned Special Public Prosecutor on the other hand opposes the prayer and submits that the very fact that the learned Judicial Magistrate 1st Class, Giridih has issued the proclamation under Section 82 of Cr.P.C. itself shows that there were materials available in the record for the learned Judicial Magistrate 1st Class, Giridih 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.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=zDLovBVSUw02H8XukOjXfCJ09482l5%2BVSbqgWCPOEQEqgJHF5HchuZ2CaL8pm9wH&caseno=Cr.M.P./3382/2022&cCode=1&cino=JHHC010321262022&state_code=7&appFlag=)

Disclaimer: Curated by HT Syndication.