JUDGMENT : ANIL KUMAR CHOUDHARY, J. By the Court:- Heard the parties. 2. This Criminal Miscellaneous Petition has been filed invoking the jurisdiction of this Court under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 with three prayers but at the outset, learned counsel for the petitioner submits that the petitioner does not press the prayer to quash the order dated 27.07.2015 passed by learned Chief Judicial Magistrate, Sahibganj in connection with Sahibganj (T) P.S. Case No.205 of 2014 corresponding to G.R. Case No.653 of 2014 as the same has lost its force. 3. Accordingly, the prayer to quash the order dated 27.07.2015 passed by learned Chief Judicial Magistrate, Sahibganj in connection with Sahibganj (T) P.S. Case No.205 of 2014 corresponding to G.R. Case No.653 of 2014 is rejected as not pressed. 4. Learned counsel for the petitioner next submits that the petitioner confines her prayer only to quash the orders dated 28.05.2015 and 02.08.2018 passed by learned Chief Judicial Magistrate, Sahibganj in connection with Sahibganj (T) P.S. Case No.205 of 2014 corresponding to G.R. Case No.653 of 2014 whereby and where under respectively the proclamation under Section 82 of the Code of Criminal Procedure and the proclamation under Section 82 of the Code of Criminal Procedure as well as the attachment order of property under Section 83 of the Code of Criminal Procedure have simultaneously been issued against the petitioner. 5. So far as the order dated 28.05.2015 passed in the said case, learned counsel for the petitioner further submits that the proclamation under Section 82 of the Code of Criminal Procedure has been issued against the petitioner without recording any satisfaction that the petitioner is absconding or concealing herself to evade her arrest which is a sine qua non for issuing proclamation under Section 82 of the Code of Criminal Procedure and without fixing any time or place for appearance of the petitioner who is the accused person of the case. Hence, it is submitted that the said order dated 28.05.2015 is not sustainable in law and the same be quashed and set aside. 6. Hence, it is submitted that the said order dated 28.05.2015 is not sustainable in law and the same be quashed and set aside. 6. So far as the order dated 02.08.2018 passed in the said case is concerned, learned counsel for the petitioner submits that again without recording any satisfaction that the petitioner is absconding or concealing herself to evade her arrest and without any material available in the record to suggest that the petitioner is about to dispose of her property or about to remove whole or any part of her property from the local jurisdiction of the court, learned Chief Judicial Magistrate, Sahibganj ordered for issuance of the proclamation under Section 82 the Code of Criminal Procedure as well as the attachment order of the property of the petitioner under Section 83 of the Code of Criminal Procedure simultaneously, vide the said order dated 02.08.2018. Hence, it is submitted that the said order dated 02.08.2018 also being not sustainable in law, be quashed and set aside. 7. Learned Addl.P.P. appearing for the State on the other hand vehemently opposes the prayer of the petitioner for quashing the orders dated 28.05.2015 and 02.08.2018 passed by learned Chief Judicial Magistrate, Sahibganj in connection with the said case and submits the very fact that the learned Chief Judicial Magistrate, Sahibganj has issued the proclamation under Section 82 of the Code of Criminal Procedure and the order for attachment for the property under Section 83 of the Code of Criminal Procedure , itself shows that there were sufficient materials available in the record for the learned Chief Judicial Magistrate, Sahibganj to be satisfied that there is justification for issuance of such proclamation under Section 82 of the Code of Criminal Procedure and the order for attachment of property under Section 83 of the Code of Criminal Procedure . Hence, it is submitted that this Criminal Miscellaneous Petition, being without any merit, be dismissed. 8. Hence, it is submitted that this Criminal Miscellaneous Petition, being without any merit, be dismissed. 8. 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 the Code of Criminal Procedure must record its satisfaction that the accused in respect of whom the proclamation under Section 82 of the Code of Criminal Procedure is made, is absconding or concealing himself to evade his arrest and in case the court decides to issue proclamation under Section 82 of the Code of Criminal Procedure , it must mention the time and place for appearance of the accused person in the order itself by which the proclamation under Section 82 of the Code of Criminal Procedure is issued. 9. As already indicated above since the learned Chief Judicial Magistrate, Sahibganj has neither recorded its satisfaction that the petitioner is absconding or concealing herself to evade her arrest which is a sine qua non for issuing proclamation under Section 82 of the Code of Criminal Procedure , nor fixed any time or place for appearance of the petitioner who is the accused person of the case concerned, this Court has no hesitation in holding that the learned Chief Judicial Magistrate, Sahibganj has committed gross illegality by issuing the said proclamation under Section 82 of the Code of Criminal Procedure 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. Hence, this is a fit case where the order dated 28.05.2015 passed by learned Chief Judicial Magistrate, Sahibganj in connection with in connection with Sahibganj (T) P.S. Case No.205 of 2014 corresponding to G.R. Case No.653 of 2014 be quashed and set aside. 10. Accordingly, the order dated 28.05.2015 passed by learned Chief Judicial Magistrate, Sahibganj in connection with Sahibganj (T) P.S. Case No.205 of 2014 corresponding to G.R. Case No.653 of 2014, is quashed and set aside. 11. 10. Accordingly, the order dated 28.05.2015 passed by learned Chief Judicial Magistrate, Sahibganj in connection with Sahibganj (T) P.S. Case No.205 of 2014 corresponding to G.R. Case No.653 of 2014, is quashed and set aside. 11. So far as the impugned order dated 02.08.2018 passed by learned Chief Judicial Magistrate, Sahibganj in connection with Sahibganj (T) P.S. Case No.205 of 2014 corresponding to G.R. Case No.653 of 2014 is concerned, it is a settled principle of law that the court issuing proclamation under Section 82 of the Code of Criminal Procedure may record in writing, if satisfied that the accused person is about to dispose of the property or about to remove whole or any part of her property from the local jurisdiction of the court concerned; then only, the court can simultaneously issue the proclamation under Section 82 of the Code of Criminal Procedure as well as the attachment order of the property under Section 83 of the Code of Criminal Procedure . 12. Now coming to the facts of the case in the order dated 02.08.2018, the learned Chief Judicial Magistrate, Sahibganj has neither record its satisfaction that the petitioner is absconding or concealing herself to evade her arrest nor it has recorded any satisfaction that the petitioner is about to dispose of her property or about to remove whole or any party of the property from the local jurisdiction of the court but still simultaneously having issued the proclamation under Section 82 of the Code of Criminal Procedure as well as the attachment order of the property under Section 83 of the Code of Criminal Procedure ; hence, this Court has no hesitation in holding that the impugned order dated 02.08.2018 passed by learned Chief Judicial Magistrate, Sahibganj in connection with Sahibganj (T) P.S. Case No.205 of 2014 corresponding to G.R. Case No.653 of 2014 is not sustainable in law. Therefore, the same is liable to be quashed and set aside. 13. Accordingly, the impugned dated 02.08.2018 passed by learned Chief Judicial Magistrate, Sahibganj in connection with Sahibganj (T) P.S. Case No.205 of 2014 corresponding to G.R. Case No.653 of 2014 is quashed and set aside. 14. The learned Chief Judicial Magistrate, Sahibganj may pass a fresh order in accordance with law. 15. In the result, this Criminal Miscellaneous Petition is allowed to the aforesaid extent only.