Procedural Relief: Gujarat High Court Quashes NBW Against MLA Hardik Patel

In a significant procedural development, the High Court of Gujarat has set aside a non-bailable warrant (NBW) previously issued against MLA Hardik Bharatbhai Patel. The intervention comes after the Applicant provided a formal, sworn undertaking to the High Court, pledging his future compliance with the trial court’s schedule.

The Genesis of the Dispute

The matter originated from Criminal Case No. 11926 of 2022 , pending before the 3rd Additional Judicial Magistrate First Class in Ahmedabad (Rural). The conflict escalated when the Magistrate rejected the Applicant’s exemption application (Exh. 40), leading to the issuance of a non-bailable warrant against the legislator. Alleging that the warrant was issued without sufficient consideration of his circumstances, the Applicant approached the High Court seeking the quashing of the trial court’s order.

A Commitment to Compliance

During the hearing before the High Court, the Applicant’s legal counsel presented a formal undertaking. In this document, the Applicant explicitly stated:

> "That I will remain present before the learned 3rd Additional Judicial Magistrate First Class, Ahmedabad (Rural)... for attending the proceedings of Criminal Case No. 11926 of 2022 and thereafter, on subsequent dates, unless exempted by the trial Court in respect of the said case."

This offer of compliance formed the cornerstone of the High Court’s deliberation, shifting the focus from the validity of the warrant to the functional necessity of ensuring the trial proceeds smoothly.

Key Observations

Justice Nirzar S. Desai focused on the procedural guarantee provided by the Applicant, emphasizing the court's preference for ensuring attendance over the deployment of punitive measures.

• "In view of the undertaking tendered by the applicant today, which is ordered to be taken on record, since, an assurance is given that the applicant will regularly attend the Court proceedings..."
• "It is clarified that this Court has not examined the merits of the matter."
• "...the non-bailable warrant issued by the concerned Court vide order dated 26.08.2025 in Criminal Case No. 11926 of 2022 is quashed and set aside."

The Judicial Ruling and Practical Implications

The High Court’s ruling acts as a practical mechanism to restart the progress of the trial court proceedings without resorting to the arrest of the Applicant. By accepting the personal undertaking of the MLA, the court balanced the procedural requirements of the Code of Criminal Procedure with the practical reality that the primary goal of any warrant is to ensure the presence of the accused.

While the court maintained a strict neutral stance regarding the underlying claims of the criminal case, the order provides the Applicant with a clean slate to fulfill his trial obligations. For legal practitioners, this case serves as a reminder that courts are often inclined to offer procedural flexibility when a genuine, sworn, and clear undertaking of appearance is placed on the record. The rule was made absolute, successfully setting aside the warrant and allowing the trial to resume in its original jurisdiction.