SURESH PRASAD SHARMA 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 BNSS, 2023 with twin prayers but the petitioner does not press the prayer to quash the order dtd. 4/1/2021 passed in Dhanwar P.S. Case No.171 of 2020. Accordingly, this prayer to quash the order dtd. 4/1/2021 passed by the learned Judicial Magistrate, 1st Class, Giridih in Dhanwar P.S. Case No.171 of 2020 rejected as not pressed.

(3.) The second prayer is to quash the order dtd. 20/7/2021 passed by the learned Judicial Magistrate, 1st Class, Giridih in Dhanwar P.S. Case No.171 of 2020. So far as the order dtd. 20/7/2021 passed by the learned Judicial Magistrate, 1st Class, Giridih in Dhanwar P.S. Case No.171 of 2020 is concerned, the learned counsel for the petitioner submits that the learned Judicial Magistrate, 1st Class, Giridih by the said order dtd. 20/7/2021 has directed issuance of the proclamation under Sec. 82 of Cr.P.C. without following the mandatory requirement of law by not fixing the time and place for appearance of the petitioner and without recording its 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 Cr.P.C., hence, it is submitted that the said order dtd. 20/7/2021 passed by the learned Judicial Magistrate, 1st Class, Giridih in Dhanwar P.S. Case No.171 of 2020, be quashed and set aside.