SHIVSHANKAR DUBEY Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard the parties.

(2.) This Criminal Miscellaneous Petition has been filed invoking the jurisdiction of this Court under Sec. 528 of the Bhartiya Nagarik Suraksha Sanhita, 2023 with a prayer to quash the order dtd. 14/8/2024 passed by the learned Judicial Magistrate-1st Class, Chatra in connection with Tandwa P.S. Case No.03 of 2020 corresponding to G.R. No.2210 of 2022 whereby and where under the learned Judicial Magistrate-1st Class, Chatra has ordered for issuance of the proclamation under Sec. 82 of Cr.P.C. against the petitioner.

(3.) The brief facts of the case is that on 14/8/2024, a petition was submitted by the Investigating Officer of the case with a prayer for issuance of the proclamation under Sec. 82 of the Cr.P.C. against the petitioner. The Investigating Officer submitted the execution report of the non-bailable warrant of arrest and the case-diary. From the same, the learned Judicial Magistrate became satisfied that the petitioner who is the accused person of the said Tandwa P.S. Case No.03 of 2020 corresponding to G.R. No.2210 of 2022, is concealing himself to evade his arrest and on being thus satisfied, passed order for issuance of the proclamation under Sec. 82 of the Cr.P.C. by fixing 26/9/2024 at 10:30 am for appearance of the petitioner/accused person.