1. Heard the parties.

2. This criminal miscellaneous petition has been filed invoking the jurisdiction of this Court under Section 528 of B.N.S.S., 2023 with twin prayers i.e. to quash the orders dated 15.04.2010 and 06.07.2010 passed by the learned Chief Judicial Magistrate, Giridih in connection with Dhanwar P.S. Case No. 122 of 2009, corresponding to G.R. No. 1324 of 2009 whereby, respectively proclamation under Section 82 Cr.P.C. and the attachment order of property under Section 83 Cr.P.C. has been passed.

3. It is submitted by the learned counsel for the petitioners that the petitioners do not want to press the prayer to quash the order dated 06.07.2010 as because no property of the petitioners have been attached as of yet and confines the prayer only to quash the order dated 15.04.2010.

4. Accordingly, the prayer to quash the order dated 06.07.2010 is rejected as not pressed.

5. So far as the prayer to quash the order dated 15.04.2010 is concerned, it is submitted by the learned counsel for the petitioners that proclamation under Section 82 of Cr.P.C. has been issued without following the due process of law and without recording the satisfaction that the petitioners are absconding or concealing themselves to evade their arrest that too without fixing any time or place for appearance of the petitioners therefore, the same is not sustainable in law. Hence, it is submitted that the order 15.04.2010 passed by the learned Chief Judicial Magistrate, Giridih in connection with Dhanwar P.S. Case No. 122 of 2009, corresponding to G.R. No. 1324 of 2009 be quashed and set aside.

6. Learned Additional Public Prosecutor on the other hand opposes the prayer and submits that the very fact that the learned Chief Judicial Magistrate, Giridih has issued the proclamation under Section 82 of Cr.P.C. itself shows that there were materials available in the record for the learned Chief Judicial Magistrate, Giridih to be satisfied that there is justification for issuance of such proclamation. Hence, it is submitted that this criminal miscellaneous petition being without any merit be dismissed.

7. Having heard the submissions made at the Bar and after going through the materials in the record, it is pertinent to mention here that by now it is a settled principle of law that the court which issues the proclamation under Section 82 of Cr.P.C. must record its satisfaction that the accused in respect of whom the proclamation under Section 82 of Cr.P.C. is made, is absconding or concealing himself to evade his arrest and in case the court decides to issue proclamation under Section 82 of Cr.P.C., it must mention the time and place for appearance of the accused person concerned, in the order itself by which the proclamation under Section 82 of Cr.P.C. is issued.

8. Now coming to the facts of the case, as already indicated above since the learned Chief Judicial Magistrate, Giridih in the impugned order dated 15.04.2010 has neither recorded its satisfaction that the petitioners are absconding or concealing themselves to evade their arrest nor fixed any time or place for appearance of the petitioners who is the accused persons of this case. Hence, this Court has no hesitation in holding that the continuation of the order dated 15.04.2010 so far as it relates to the petitioners of this case is not sustainable in law and the same will amount to abuse of process of law. Therefore, this is a fit case where the order dated 15.04.2010 passed by the learned Chief Judicial Magistrate, Giridih in connection with Dhanwar P.S. Case No. 122 of 2009, corresponding to G.R. No. 1324 of 2009 be quashed and set aside qua the petitioners.

9. Accordingly, the order dated 15.04.2010 passed by the learned Chief Judicial Magistrate, Giridih in connection with Dhanwar P.S. Case No. 122 of 2009, corresponding to G.R. No. 1324 of 2009, is quashed and set aside qua the petitioners.

10. The learned Chief Judicial Magistrate, Giridih may pass a fresh order in accordance with law.

11. In the result, this criminal miscellaneous petition is allowed to the aforesaid extent only.