PRINCE KHAN 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. 482 of the Code of Criminal Procedure with a prayer to quash the order dtd. 14/10/2020 passed by the learned Chief Judicial Magistrate, Dhanbad in connection with Bankmore P.S. Case No.55 of 2020 by which the proclamation under Sec. 82 of the Code of Criminal Procedure has been issued against the petitioner, who is the accused person of that case.

(3.) Learned counsel for the petitioner submits that the proclamation under Sec. 82 of the Code of Criminal Procedure was issued vide order dtd. 14/10/2020, by the learned Chief Judicial Magistrate, Dhanbad, 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 Sec. 82 of the Code of Criminal Procedure; without fixing any date, time and place for appearance of the petitioner, who is the accused person of the case. It is therefore submitted that the order dtd. 14/10/2020 is not sustainable in law, hence the same be quashed and set aside.