SANJAYBHAI HARIPRAKASH AGRAWAL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Mr. Raxit Patel, learned advocate for Mr. Amiraj Barot, learned advocate for the applicants prays for early hearing of the main matter i.e. Criminal Misc. Application No. 3165 of 2020. The main matter was last listed on 26/2/2020. According to the learned advocate for the applicants, the prayer is made to quash and set aside the order dtd. 24/1/2020 passed by the learned Additional Chief Metropolitan Magistrate Court No.10, Ahmedabad, in Criminal Case No. 31258 of 2018 issuing non-bailable warrant against the petitioner; the case arising out of FIR registered with Ramol Police Station, Ahmedabad bearing C.R. No. 253 of 2017. The petitioner was directed to appear before the court and proceed with the hearing of the matter and was also granted liberty to make prayer for cancellation of non-bailable warrant issued by the concerned court. Let the main matter i.e. Criminal Misc. Application No. 3165 of 2020 be heard finally today itself. Criminal Misc. Application No. 1 of 2021 is accordingly disposed of.

(2.) It appears that the petitioner had approached this Court for quashing of the impugned FIR by filing Criminal Misc. Application No. 5649 of 2018 which is pending for hearing, and owing to the pendency of the matter, an application was moved before the lower court, and for one such condition which was directed, the petitioners had approached this Court by filing Special Criminal Application No. 8263 of 2008 which came to be withdrawn. It is stated by the learned advocate for the petitioner that investigation was completed and the Investigating Officer has filed the chargesheet on 19/3/2018 before the learned Additional Chief Metropolitan Magistrate Court No.10 at Ahmedabad which came to be registered as Criminal Case No. 31258 of 2018. The matter is pending for framing of charge. Learned advocate for the petitioner submitted that an application on 20/1/2020 for adjournment and for exemption was moved and the trial court granted last date and adjourned the matter on 24/1/2020. Learned advocate for the applicants submits that since the petitioners were out of city for some social function and therefore exemption application was moved by the learned advocate for the petitioners on 24/1/2020 but the same came to be dismissed. The learned trial Judge has issued non-bailable warrant on the same day.

(3.) It is stated by the learned advocate for the petitioners that owing to the order of the non-bailable warrant, the petitioners apprehends their arrest and even if they would appear before the court for cancellation of the same, they would be sent to the judicial custody.