Jharkhand High Court Quashes Defective Proclamation Order Against 66-Year-Old
Case No: Cr.M.P. No. 3131 of 2023
By Sandhya kaika
The Jharkhand High Court has set aside a lower court’s order issuing a proclamation against 66-year-old Pradeep Bharadwaj, citing a fundamental failure to follow legal procedures under Section 82 of the Cr.P.C..
The ruling, delivered by Justice Anil Kumar Choudhary, emphasized that judicial mandates for appearance must strictly adhere to statutory requirements to remain valid.
The petitioner, a resident of Ramgarh, challenged an order dated March 29, 2023, issued by the Additional Sessions Judge-I, Ramgarh, in connection with a 2005 electricity case. The impugned order had initiated proclamation proceedings against Bharadwaj, effectively labeling him an absconder.
The High Court identified two critical legal lapses in the lower court’s order:
The court failed to formally record its satisfaction that the accused was intentionally absconding or concealing himself to evade arrest.
The order did not specify a mandatory time and place for the petitioner to appear.
”The court which issues the proclamation... must record its satisfaction that the accused... is absconding... and it must mention the time and place for appearance,” the Court noted, citing settled legal principles.
Terming the proclamation “not sustainable in law,” the High Court quashed the order. While the petition was allowed, the Court granted the Additional Sessions Judge-I the liberty to pass a fresh order, provided it strictly complies with due process.
