BUDHAN GANJHU 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 orders dtd. 18/6/2012 and 20/8/2018 by which the proclamation under Sec. 82 of Cr.P.C. were issued and the orders dtd. 24/7/2012 and 15/7/2019 by which the attachment order of the property of the petitioner has been issued under Sec. 83 of Cr.P.C.; all the said four orders passed by the learned Judicial Magistrate, Hazaribagh in connection with Keredari P.S. Case No. 18 of 2012, corresponding to G.R. No. 1088 of 2012.

(3.) The brief fact of the case is that on 18/6/2012 the I.O. of the case submitted an application with a prayer for proclamation under Sec. 82 Cr.P.C. The learned Judicial Magistrate, Hazaribagh by a single sentence order, without recording any satisfaction that the petitioner is absconding or concealing himself to evade his arrest or fixing any time or place for appearance of the petitioner issued the proclamation under Sec. 82 of Cr.P.C. On 20/8/2018 the petitioner who is the accused person of the case was absent and by a single sentence order, again the learned Judicial Magistrate, Hazaribagh has issued the proclamation under Sec. 82 of Cr.P.C. On 24/7/2012 without any material in the record that the proclamation under Sec. 82 Cr.P.C. was issued, the learned Judicial Magistrate, Hazaribagh issued the order of attachment of the property of the petitioner who is the accused person of the said case. Similarly, on 15/7/2019 as the petitioner who is the accused person of the said case was absent, the learned Judicial Magistrate, Hazaribagh by a single sentence order issued attachment order of the property of the petitioner.