MP High Court Vacates Arrest Warrant Stay After Petitioner Fails to Appear in MCRC
The Madhya Pradesh High Court dismissed a miscellaneous criminal case for want of prosecution and vacated a stay on an arrest warrant after the petitioner failed to appear in either round.
On 17 June 2026, Justice Pramod Kumar Agrawal of the High Court of Madhya Pradesh at Jabalpur dismissed Misc. Criminal Case No. 51319 of 2025, filed by Abhishek Banerjee against Akash Vijayvargia, for want of prosecution. No counsel appeared for the petitioner in either the first round or the pass-over round. As a direct consequence, the court also vacated the interim stay it had granted on 12 November 2025 — a stay that had halted execution of an arrest warrant issued by the J.M.F.C. and Special Judge, MP/MLA, Bhopal in Case No. SC PPM/2/2024.
The Interim Protection That Was at Stake
When the petition was first heard, the court had, by order dated 12 November 2025, stayed proceedings for the execution of an arrest warrant issued against the petitioner. That warrant had been issued by the J.M.F.C. and Special Judge, MP/MLA, Bhopal in Case No. SC PPM/2/2024. The stay effectively shielded the petitioner from arrest while the miscellaneous criminal case remained pending before the High Court.
Such interim protection is contingent on the petitioner actively prosecuting the matter. Once the petitioner ceases to pursue the case, the foundation for continued protection falls away.
Non-Appearance and the Court's Inference
On the date of hearing, no one appeared for the petitioner in the first round. The court allowed a pass-over — a standard practice giving parties a second opportunity within the same sitting. Even in the pass-over round, no appearance was made. The court recorded that it “seems that petitioner has lost interest in prosecuting this petition.”
That inference, drawn from two consecutive absences on the same day, led directly to dismissal. The court did not adjourn the matter or issue a show-cause notice; the dismissal was entered on the spot.
Vacation of the Stay
The dismissal of the petition for want of prosecution automatically brought the question of the interim stay to a head. Since the stay of 12 November 2025 was granted in the context of the pending petition, its continuation after dismissal would have been incongruous. The court expressly vacated the stay, restoring the position as it stood before the High Court's intervention.
The practical effect is that the arrest warrant issued by the J.M.F.C. and Special Judge, MP/MLA, Bhopal in Case No. SC PPM/2/2024 is now executable. The Registry was directed to send a copy of the order to the concerned trial court immediately, ensuring the trial court is promptly informed that the High Court's stay no longer subsists.
Outcome
MCRC No. 51319 of 2025 was dismissed for want of prosecution. The stay on execution of the arrest warrant granted on 12 November 2025 was vacated. The Registry was directed to transmit a copy of the order to the trial court forthwith.