The Madhya Pradesh High Court has restored a criminal petition filed by Abhishek Banerjee after it was dismissed due to non-appearance. However, the court declined to restore the interim protection that had earlier stayed the execution of an arrest warrant, holding that repeated opportunities to argue the matter had already been granted.
Background of the Case
The matter came before Justice Pramod Kumar Agrawal on an application seeking restoration of M.Cr.C. No. 51319/2025, which had been dismissed for want of prosecution on June 17, 2026. The petitioner submitted that the case deserved to be restored, and the application was supported by an affidavit.
The court noted that the petitioner's counsel had been given several opportunities to address the case. Earlier orders had specifically warned that if arguments were not advanced, the interim relief would not continue.
“The petitioner was granted several opportunities for arguments, yet no one appeared on the scheduled date, resulting in dismissal of the petition and vacation of the interim stay,” the bench observed.
Justice Agrawal accepted the request to restore the petition but found no reason to revive the earlier order staying execution of the arrest warrant issued by the JMFC and Special Judge (MP/MLA), Bhopal.
Allowing the restoration application, the High Court restored M.Cr.C. No. 51319/2025 to its original number for consideration on merits. At the same time, it directed that the interim stay granted on November 12, 2025, would not continue.
The court also ordered that a copy of the order be placed on the record of the restored case and forwarded to the concerned trial court for necessary action.
Case Details
Case Title: Abhishek Banerjee v. Akash Vijayvargia
Case Number: M.Cr.C. No. 28814 of 2026
Judge: Justice Pramod Kumar Agrawal
Decision Date: June 24, 2026
