MD. SADDAM HUSSAIN 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 Bhartiya Nagrik Suraksha Sanhita, 2023 with several prayers but the learned counsel for the petitioner submits that the petitioner does not press the prayer for quashing the order dtd. 28/3/2016. Hence, the prayer to quash the order dtd. 28/3/2016, passed by the learned Chief Judicial Magistrate, Dumka in connection with Dumka (T) P.S. Case No. 219 of 2013 corresponding to G.R. (S) No. 1603 of 2013 is rejected as not pressed.

(3.) So far as the order dtd. 28/7/2017, passed by the learned Chief Judicial Magistrate, Dumka in connection with Dumka (T) P.S. Case No. 219 of 2013 corresponding to G.R. (S) No. 1603 of 2013 is concerned, it is submitted by the learned counsel for the petitioner that by the said order, the proclamation under Sec. 82 Cr.P.C. has been issued without following the mandatory provision of law. It is next submitted by the learned counsel for the petitioner that vide orders dtd. 8/2/2018 and 17/2/220, passed by the learned Chief Judicial Magistrate, Dumka in connection with Dumka (T) P.S. Case No. 219 of 2013 corresponding to G.R. (S) No. 1603 of 2013, the attachment order of property of the petitioner who is the accused person of the case has been issued without recording any satisfaction that the proclamation under Sec. 82 Cr.P.C. has ever been made and without following the mandatory provisions of law. Hence, the same be also quashed and set aside.