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Gujarat High Court Quashes Non-Bailable Warrant Against BJP MLA Hardik Patel

 

Gujarat High Court Quashes Non-Bailable Warrant Against BJP MLA Hardik Patel

The Gujarat High Court has quashed a non-bailable warrant (NBW) that was issued against BJP legislator Hardik Patel in relation to a 2018 case connected with the Patidar quota agitation. The warrant had been issued by the Additional Judicial Magistrate First Class, Ahmedabad (Rural), after Patel failed to appear before the trial court. The magistrate had declined to condone his absence and directed the issuance of the NBW. Patel then approached the High Court seeking relief against this order.

In his application, Patel provided a written assurance that he would remain present before the trial court on all upcoming dates of hearing unless he was specifically exempted from appearance. He emphasized his willingness to cooperate with the legal process and assured that there would be no default on his part going forward. The High Court, presided over by Justice Nirzar Desai, accepted this undertaking and noted that once a binding assurance was placed on record, continuation of the warrant was unnecessary.

The Court clarified that its decision was restricted to the legality of the warrant itself and did not extend to the merits of the criminal case. The FIR in question had been registered during the Patidar quota agitation, which had witnessed widespread protests and legal proceedings against several leaders, including Patel. The criminal proceedings in Criminal Case No. 11926 of 2022 will continue before the trial court on their own merits.

By quashing the NBW dated August 26, 2025, the High Court made the Rule absolute and directed Patel to honor his undertaking. The order ensures that while the ongoing trial remains unaffected, the coercive measure of a non-bailable warrant is withdrawn in light of the assurance given by the legislator to attend court proceedings regularly.

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