Bombay High Court: The present petition was filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023, challenging order dated 5-12-2019 of issuing process against the petitioner, Arjun Amarjeet Rampal and another order dated 9-4-2025 passed by the Additional Chief Metropolitan Magistrate, 38th Court, Ballard Pier, Mumbai, wherein a non-bailable warrant was issued by the trial court against the petitioner for offence punishable under Section 276-C(2) of the Income Tax Act, 1961 (‘IT Act’). A Single Judge Bench of Advait M. Sethna, J., opined that the Magistrate passed the order dated 9-4-2025 issuing a non-bailable warrant against the petitioner in a bailable offence. The Court stated that the said order would cause prejudice to the petitioner and thus, quashed and set aside the order dated 9-4-2025.
The Court referred to Section 276-C(2) of the IT Act and stated that the maximum sentence for the said offence was only three years and the offence was bailable. The Court opined that the Magistrate did not take into consideration such a position and mechanically passed the order issuing a non-bailable warrant against the petitioner in a bailable offence.
The Court noted that no reasons were recorded and thus opined that it was a cryptic order which lacked application of mind. The Court stated that an order of non-bailable warrant in a case of bailable offence, would cause prejudice to the petitioner.
The Court also noted that the Magistrate overlooked the petitioner’s presence when the order dated 9-4-2025 was passed and reject the application for exemption from an appearance on the observations that the petitioner failed to comply with the bail provisions. The Court opined that the said order would be contrary to law.
The Court thus quashed and set aside the order dated 9-4-2025 and stated that the other prayers concerned regarding challenging the order dated 5-12-2019 of issuance of process against the petitioner, should be placed before the regular Court for further consideration on 16-6-2025.
The matter would next be listed on 16-6-2025.
[Arjun Amarjeet Rampal v. CIT, Writ Petition No. 2579 of 2025, decided on 16-5-2025]
Advocates who appeared in this case :
For the Petitioner: Swapnil Ambure a/w A. Nair i/by Naik Naik & Co. for the Petitioner.
For the Respondents: Sandeep Gupta i/by P.A. Narayanan for Respondent 1; P.P. Bhosale, APP for State.
