Court reinstates Abhishek Banerjee's case for adjudication but lifts interim relief on arrest warrant against him.
In a notable decision, the Madhya Pradesh High Court has reinstated a previously dismissed criminal case involving petitioner Abhishek Banerjee against respondent Akash Vijayvargia. Presided over by Justice Pramod Kumar Agrawal, the court restored Miscellaneous Criminal Case No. 51319/2025, which had been dismissed for want of prosecution on June 17, 2026.
The case, initially dismissed due to the absence of the petitioner’s counsel, was reinstated after a thorough examination of the application supported by an affidavit. Despite the reinstatement, the court has opted not to extend the interim relief that stayed the execution of an arrest warrant against Banerjee. This warrant had been issued in Case No. SC PPM/2/2024 by the Judicial Magistrate First Class (JMFC) and Special Judge for MPs/MLAs in Bhopal.
The court's decision to restore the case comes after multiple adjournments and warnings about the potential consequences of not presenting arguments. Orders dated May 8, 2026, and June 16, 2026, had explicitly stated that failure to argue would result in the discontinuation of the interim relief. On the hearing date of June 17, 2026, the petitioner’s counsel was absent, leading to the dismissal of the case and the revocation of the stay order dated November 12, 2025.
Justice Agrawal underscored the importance of adhering to procedural timelines and the need for active prosecution by the parties involved. The order highlights the court's approach of granting fair opportunity while maintaining the integrity of judicial proceedings. It also sends a clear message regarding the consequences of non-compliance with court directives.
Following the restoration, the case will proceed on its merits without the benefit of the interim relief, which previously prevented the arrest of Banerjee. The order has been sent to the concerned JMFC and Special Judge, MP/MLA, Bhopal, for necessary action. This development signifies a crucial juncture in the ongoing legal proceedings, impacting both the petitioner and the respondent.
Bottom line:-
Restoration of dismissed criminal case - Application for restoration of M.Cr.C. dismissed for want of prosecution - Case restored, but interim relief of stay on arrest warrant not continued further.
Statutory provision(s): Criminal Procedure Code (CrPC), Judicial Magistrate First Class (JMFC) authority, Special Court for MP/MLA provisions.
Abhishek Banerjee v. Akash Vijayvargia, (Madhya Pradesh)(Jabalpur) : Law Finder Doc id # 2929647
