Gujarat High Court Quashes Non-Bailable Warrant Against MLA Hardik Patel
Undertaking to Attend Court Proceedings Regularly Leads to Quashing of Warrant
In a significant legal development, the Gujarat High Court has quashed a non-bailable warrant issued against Hardik Bharatbhai Patel, a Member of the Legislative Assembly and social worker, in connection with a pending criminal case. The decision was delivered by Justice Nirzar S. Desai on September 29, 2025, following an undertaking by Patel to attend court proceedings regularly.
The non-bailable warrant was initially issued by the 3rd Additional Judicial Magistrate First Class, Ahmedabad (Rural) on August 26, 2025, after rejecting Patel's exemption application in Criminal Case No. 11926 of 2022. Patel subsequently approached the High Court seeking relief, arguing that the warrant was unwarranted given his commitment to be present for court hearings.
During the proceedings, Patel’s counsel, Rafik Lokhandwala, presented an undertaking affirming Patel’s commitment to attend all future court dates unless formally exempted. The undertaking detailed Patel’s intention to comply with court schedules, thereby addressing concerns over his attendance.
Justice Desai, acknowledging the undertaking, ordered the quashing of the non-bailable warrant. The judgment emphasized that the court had not delved into the merits of the case itself but focused solely on the procedural aspect related to the warrant. The High Court's decision underscores the judiciary's balanced approach in ensuring compliance with legal processes while respecting individual commitments to attend judicial proceedings.
Public Prosecutor Mr. Trupesh Kathiriya, representing the State of Gujarat, waived the service of the rule, indicating the state's acquiescence to the High Court's procedural focus on the undertaking provided by Patel.
The ruling provides a reprieve for Patel, enabling him to continue his legislative and social work activities without the immediate concern of arrest. This development is a reminder of the judicial system's capacity to weigh undertakings and personal assurances in lieu of more severe procedural actions like non-bailable warrants.
Bottom Line:
Quashing of non-bailable warrant - Applicant provided an undertaking to attend trial court proceedings regularly unless exempted - Non-bailable warrant quashed based on the undertaking given.
Statutory provision(s): Code of Criminal Procedure, 1973 - Section 482
Hardik Bharatbhai Patel v. State of Gujarat, (Gujarat) : Law Finder Doc Id # 2787198
