ANCHAL MITTAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) The present petition has been filed under Sec. 528 of BNSS 2023, primarily seeking quashing of the order dtd. 5/1/2026 (Annexure P9) passed by learned Judicial Magistrate 1st Class, Yamuna Nagar at Jagadhri vide which the petitioners were ordered to be summoned through non-bailable warrants in case pertaining to FIR No.0060 dtd. 17/10/2023 under Ss. 420, 419, IPC registered at Police Station Cyber Crime, Yamuna Nagar.

(2.) Learned counsel for the petitioners submits that earlier the petitioners were released on bail by the competent Court and were regularly appearing before the concerned Court. Learned counsel appearing for the petitioners has further submitted that since petitioner No.1 was suffering from acute abdominal pain and petitioner No.2 was suffering from viral infection, they could not appear before the concerned Court on the date fixed and moved applications for exemption from personal appearance. However, , the learned trial Court declined the applications and proceeded to cancel the petitioners bail and issued non-bailable warrants for their arrest without affording an adequate opportunity to explain his non-appearance. Learned counsel has iterated that the non-appearance of the petitioners before the trial Court was not willful and unintentional. Learned counsel has contended that the procedure adopted by the learned trial Court in directly issuing the non-bailable warrants against the petitioners at the very first instance is contrary to the settled principles of criminal jurisprudence. It is well established position of law, as reiterated by the Hon'ble Supreme Court, that the Courts are required to adhere to due process while ensuring the presence of the accused. It has been submitted by the learned counsel that in the instant case, the learned trial Court has failed to issue any notice to the petitioner prior to resorting to the issuance of non-bailable warrants and hence such an approach is arbitrary, untenable and contrary to the procedural safeguard enshrined under the law. Learned counsel has further iterated that the petitioner unequivocally undertakes to enter appearance before the trial Court as also join the proceedings in accordance with law, the petitioner shall appear before the trial Court on each and every date of hearing and also cooperate therein, in accordance with law for an expeditious culmination of the trial.

(3.) Notice of motion.