SANTOSH KUMAR DAS 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 B.N.S.S., 2023 with the prayer to quash the order dtd. 20/9/2025 passed by the learned Additional Sessions Judge-II, Deoghar in connection with Deoghar Cyber P.S. Case No.71 of 2023 whereby and where under the learned Additional Sessions Judge-II, Deoghar has directed for issuance of the proclamation under Sec. 82 of the Code of Criminal Procedure against the petitioner.

(3.) Learned counsel for the petitioner submits that vide the order dtd. 20/9/2025 passed in the said case, the proclamation under Sec. 82 of the Code of Criminal Procedure was issued 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; that too without mentioning the time and place for appearance of the petitioner. Hence, the order dtd. 20/9/2025 passed by the learned Additional Sessions Judge-II, Deoghar in connection with the said case is not sustainable in law. Hence, it is submitted that the same be quashed and set aside.