JUDGMENT : Anil Kumar Choudhary, J. Heard the parties. 2. This Criminal Miscellaneous Petition has been filed invoking the jurisdiction of this Court under Section 482 of the Code of Criminal Procedure with several prayers, but the learned counsel for the petitioner submits that the petitioner does not press the prayer to quash the orders dated 19.11.2003 and 25.11.2019, but confines his prayer only to quash the order dated 07.12.2004 passed by learned Railway Judicial Magistrate, Daltonganj in Barkakana Rail P.S. Case No.18 of 1997 corresponding to G.R Case No.335 of 1997(s) and S.T. Case No.154(A) of 2016 involving the offences punishable under Section 396 and 412 of the INDIAN PENAL CODE by which learned Railway Judicial Magistrate, Daltonganj has directed for issuance of process upon the accused persons including the petitioner. 3. Learned counsel for the petitioner submits that the petitioner is on bail and after submitting his bail bond on 19.11.2003, he was released from custody. It is next submitted that on 07.12.2004 even though the execution report of the non-bailable warrant of arrest of the petitioner was not on record and the service report of notice to the bailers was also not received, still the learned Railway Judicial Magistrate, Daltonganj directed the office clerk to issue process inter alia against the petitioner; which is not in accordance with law, in the absence of any satisfaction having been recorded by the learned Magistrate, that the petitioner is absconding or concealing himself to evade his arrest and without fixing any time and place for appearance of the petitioner, who is the accused person of the said case. Hence, it is submitted that the prayer to quash and set aside the order dated 07.12.2004 passed by learned Railway Judicial Magistrate, Daltonganj in Barkakana Rail P.S. Case No.18 of 1997 corresponding to G.R Case No.335 of 1997(s) and S.T. Case No.154(A) of 2016 involving the offences punishable under Section 396 and 412 of the INDIAN PENAL CODE , be allowed. 4. 4. Learned P.P. and the learned CGC appearing for the State and vehemently opposes the prayer and submits that the very fact that the learned Magistrate issued the processes apparently under Section 82 of Cr.P.C. goes to show that there was sufficient material for the learned Magistrate to be satisfied that the petitioner is absconding or evading his arrest, hence, it is submitted that this Criminal Miscellaneous Petition, being without any merit, be dismissed. 5. Having heard the rival submissions made at the Bar and after carefully going through the materials available 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 petitioner in the order itself by which the proclamation under Section 82 of Cr.P.C. is issued. As already indicated above since the learned Railway Judicial Magistrate, Daltonganj has neither recorded its satisfaction that the petitioner is absconding or concealing himself to evade his arrest nor fixed any time or place for appearance of the petitioner, this Court has no hesitation in holding that the learned Railway Judicial Magistrate, Daltonganj has committed a gross illegality by issuing the said proclamation under Section 82 of Cr.P.C.; though the same has not been mentioned in so many words, without complying with 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 and this is a fit case where the order dated 07.12.2004 passed by learned Railway Judicial Magistrate, Daltonganj in Barkakana Rail P.S. Case No.18 of 1997 corresponding to G.R Case No.335 of 1997(s) and S.T. Case No.154(A) of 2016 involving the offences punishable under Section 396 and 412 of the INDIAN PENAL CODE whereby and where the learned Railway Judicial Magistrate, Daltonganj has issued proclamation under Section 82 of the Code of Criminal Procedure, be quashed and set aside qua the petitioner only. 6. 6. Accordingly, the order dated 07.12.2004 passed by learned Railway Judicial Magistrate, Daltonganj in Barkakana Rail P.S. Case No.18 of 1997 corresponding to G.R Case No.335 of 1997(s) and S.T. Case No.154(A) of 2016 involving the offences punishable under Section 396 and 412 of the INDIAN PENAL CODE whereby and where the learned Railway Judicial Magistrate, Daltonganj has issued proclamation under Section 82 of the Code of Criminal Procedure, is quashed and set aside qua the petitioner only. 7. The learned Railway Judicial Magistrate, Daltonganj may pass a fresh order in accordance with law. 8. In the result, this Cr.M.P. stands allowed to the aforesaid extent only. 9. Learned counsel for the petitioner submits that the petitioner undertakes to appear before the learned trial court within two weeks and to pray for regular bail. In case, the petitioner surrenders before the learned trial Court and prays for regular bail, the same shall be considered by the learned trial court without being prejudiced by this order.