Jharkhand High Court: In a criminal miscellaneous petition filed by the petitioner-accused under Section 482 of the Criminal Procedure Code, 1973 (‘CrPC’) to quash the order dated 28-03-2024 and 03-05-2024, passed by the Judicial Magistrate First Class, Jamshedpur (‘Judicial Magistrate’), Anil Kumar Choudhary, J., opined that without any observation or satisfaction by the Judicial Magistrate that the petitioner was evading his arrest, the warrant of arrest was issued. Accordingly, the Court quashed and set aside the order dated 28-03-2024.
Further, the Court stated that the Judicial Magistrate had not fixed any time or place for appearance of the petitioner who was the accused person of this case. Therefore, the Court held that the Judicial Magistrate had committed illegality by issuing the proclamation under Section 82 of the CrPC, without complying with the mandatory requirements of the law. Hence, the same was not sustainable in law and the continuation of the same would amount to abuse of process of law. Thus, the Court quashed and set aside the order dated 03-05-2024.
Background
On 28-03-2024, a petition was filed by the Investigating Officer, praying for issue of warrant of arrest against the petitioner. On perusal of records, the Judicial Magistrate allowed the prayer. Further, on 03-05-2024, the Judicial Magistrate took up the application filed by the Investigating Officer of the case for issuance of the proclamation under Section 82 of the CrPC. The Judicial Magistrate concluded that that the accused was deliberately absconding and not taking any proper legal steps and issued the proclamation without fixing any time and place for appearance of the accused.
Thus, the petitioner filed the present petition challenging the orders dated 28-03-2024 and 03-05-2024. The petitioner submitted that the Judicial Magistrate had passed the order in a mechanical manner and had issued non-bailable warrant of arrest against him without recording any satisfaction that he was evading his arrest.
Analysis, Law, and Decision
The Court stated that though it was not specifically mentioned in the order dated 28-03-2024, that the petitioner was accused of having committed any non-bailable offence, but the perusal of the record revealed that the petitioner was involved in commission of offence punishable under Section 376 of the IPC. Further, the Court stated that Section 376 of the Penal Code, 1860 was a non-bailable offence, but there was no observation by the Judicial Magistrate that the petitioner was evading arrest.
The Court stated that without any observation or satisfaction by the Judicial Magistrate that the petitioner was evading his arrest, the warrant of arrest was issued. Moreover, apparently the relevant order sheet was written by someone else and the Judicial Magistrate concerned had just put his signature mechanically without application of mind, which was not sustainable in law. Accordingly, the Court quashed and set aside the order dated 28-03-2024.
Regarding order dated 03-05-2024, the Court stated that it was settled principle of law that the court issuing the proclamation under Section 82 of the CrPC must record its satisfaction that the accused in respect of whom the proclamation was made, was absconding or concealing himself to evade his arrest and in case, the Court decided to issue proclamation, it must mention the time and place for appearance of the petitioner in the order itself. The Judicial Magistrate had not fixed any time or place for appearance of the petitioner who was the accused person of this case.
Therefore, the Court held that the Judicial Magistrate had committed illegality by issuing the proclamation under Section 82 of the CrPC, without complying with the mandatory requirements of the law. Hence, the same was not sustainable in law and the continuation of the same would amount to abuse of process of law. Thus, the Court quashed and set aside the Order dated 03-05-2024.
The Court directed the Registrar General of this Court to send a copy of this Order to the Principal District Judge, Jamshedpur with a direction to impress upon the Judicial Magistrate concerned, not to pass orders in such reckless manner, without application of mind and unnecessarily enhance the burden upon this Court. Further, if necessary, recommend the training of the Judicial Officer concerned on the Sundays and Holidays in Judicial Academy, Jharkhand, in online mode.
[Abhishek Kumar v. State of Jharkhand, 2024 SCC OnLine Jhar 2032, Order dated 19-06-2024]
Advocates who appeared in this case :
For the Petitioner: Devesh Ajmani, Advocate;
For the Respondent: Satish Prasad, Addl. P.P.
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