Train On Sundays And Holidays In Judicial Academy: Jharkhand HC Slams Judicial Magistrate For Issuing Proclamation U/s. 82 CrPC 'Recklessly'

A Bench of Justice Anil Kumar Choudhary quashed a proclamation and arrest warrant issued by the Judicial Magistrate Ist Class, Jamshedpur, against an accused in a rape case. The Court said, “this Court has no hesitation in holding that the learned Judicial Magistrate 1st Class, Jamshedpur has committed illegality by issuing the said proclamation under Section 82 of Cr.P.C. without complying the mandatory requirements of law. Hence, the same is not sustainable in law and the continuation of the same will amount to abuse of process of law.”

Advocate Devesh Ajmani appeared for the petitioner, while Additional Public Prosecutor Satish Prasad appeared for the Respondent.

The Court criticized the judicial magistrate for what was described as mechanical and reckless issuance of orders. The Court added, “there is no observation by the learned Judicial Magistrate 1st Class, Jamshedpur that the petitioner is evading arrest and as there is no material in the record to suggest that the learned Judicial Magistrate 1st Class, Jamshedpur was satisfied that the petitioner was evading his arrest, the order dated 28.03.2024 without any observation or satisfaction by the Magistrate that the petitioner is evading his arrest, but still issuing the warrant of arrest, apparently the relevant order sheet having been written by someone else and the Judicial Magistrate concerned has just put his signature mechanically without application of mind, is not sustainable in law.”

On the proclamation issued under Section 82 of the Cr.P.C. (Criminal Procedure Code), the High Court found fault with the magistrate's failure to specify a time frame for the accused's appearance, deeming it a violation of mandatory legal requirements.

Consequently, the High Court directed the Registrar General to send a copy of the order to the Principal District Judge, Jamshedpur, urging him to ensure that the concerned judicial magistrate refrains from such hasty and ill-considered actions in the future. The Court added, “The Registrar General of this Court is directed to send a copy of this Order to the Principal District Judge, Jamshedpur with a direction to impress upon the Judicial Magistrate concerned, not to pass orders in such reckless manner, without application of mind and unnecessarily enhance the burden upon this Court and if necessary recommend the training of the judicial officer concerned on the Sundays and Holidays in Judicial Academy, Jharkhand, in online mode”

Cause Title: Abhishek Kumar v. The State of Jharkhand