DEBASISH CHAKARBORTY 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. 15/11/2025 (Annexure P-3) passed by Additional Sessions Judge, Fatehabad vide which the petitioner was ordered to be summoned through non-bailable warrants in case pertaining to FIR No.360 dtd. 20/8/2020 registered for the offences punishable under Ss. 420, 467, 468, 471, 474, 201, 120-B IPC, Sec. 12(1) B of the Passport Act and Ss. 7, 8 and 12 of the P.C. Act, 1988, at Police Station City Tohana, District Fatehabad.

(2.) Learned counsel for the petitioner submits that the petitioner was earlier granted the concession of regular bail by this Court vide order dtd. 17/12/2020 (Annexure P-2) and was regularly appearing before the concerned trial Court. Learned counsel appearing for the petitioner has further submitted that on account of noting of wrong date fixed before the trial Court, the petitioner could not appear before the concerned trial Court on 15/11/2025 and on this account the trial Court proceeded to issue non-bailable warrants against him. She further submits that due to non-appearance of the petitioner, the learned trial Court proceeded to cancel the petitioner's bail and issued nonbailable warrants for his arrest without affording an adequate opportunity to explain his non-appearance. Learned counsel has iterated that the nonappearance of the petitioner 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 petitioner 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 nonbailable 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.