Rajesh Dattaram Mehta and Anr. v. State of Maharashtra
Case brief
What is this about?
Challenge to non-bailable warrant (NBW) issued by Judicial Magistrate, Mahad in RCC No. 83 of 2025 after rejecting exemption application because the Advocate had not filed the vakalatnama. Held: Magistrate could not straightway issue NBW where proceeding was of 2025, Petitioners were on bail since 5 January 2026, and a bailable warrant had been issued against absent Accused No.1. Conditional quashing subject to appearance on 27 January 2026; recall clause on default. Bombay High Court WP No. 339 of 2026, N. J. Jamadar J. Relevant to: propriety of straightaway NBW issuance, exemption-application rejections for want of vakalatnama, conditional quash-and-recall orders.
What did the court decide?
Impugned order issuing a non-bailable warrant against the Petitioners quashed and set aside, subject to the Petitioners appearing before the learned Magistrate on 27 January 2026; in default, this order shall stand recalled and the Magistrate may secure the Petitioners' presence by adopting appropriate process; petition disposed of.