MP High Court Revives TMC MP Abhishek Banerjee's Petition; Stays Execution Of Arrest Warrant

The Madhya Pradesh High Court has restored a criminal petition filed by Abhishek Banerjee after it was dismissed for want of prosecution and has directed that the execution of the arrest warrant issued against him shall not continue.

While allowing restoration, the Court noted that several opportunities had earlier been granted to argue the matter and that the petitioner had repeatedly failed to avail them. However, considering the explanation furnished in the restoration application, the Court revived the petition and extended protection against execution of the warrant.

Justice Pramod Kumar Agrawal passed the order while allowing an application seeking restoration of MCRC No. 51319 of 2025, which had been dismissed on June 17, 2026 after no one appeared for the petitioner despite the matter being called twice, including during the pass-over round.

Senior Advocate Anil Khare appeared for the petitioner, assisted by Advocates Manan Agrawal and Priyankush Jain.

The restoration application was supported by an affidavit explaining the circumstances that led to the petitioner's absence when the matter was taken up. Accepting the explanation, the Court observed that the petition deserved to be restored to its original number for adjudication on merits.

The Court examined the previous proceedings and noted that by an order dated November 12, 2025, it had stayed the execution of an arrest warrant issued in Case No. SC PPM/2/2024 pending before the JMFC and Special Judge, MP/MLA, Bhopal. Thereafter, the matter was listed on December 8, 2025, January 19, 2026 and February 4, 2026 without final arguments being addressed.

The order further records that on May 8, 2026, the petitioner's counsel sought an adjournment, following which the Court specifically cautioned that if arguments were not advanced on the next date, the petition would be considered on merits and the interim protection would not continue. Despite this observation, another adjournment was sought on June 16, 2026, when the Court repeated the same warning before fixing the matter for June 17.

On June 17, however, no one appeared on behalf of the petitioner either in the first call or during the pass-over round. The Court then dismissed the petition for want of prosecution, observing that it appeared the petitioner had lost interest in pursuing the matter. It had also vacated the interim stay operating in favour of the petitioner.

In the latest order, Justice Agrawal observed that although the earlier record reflected repeated opportunities granted to the petitioner and warnings regarding continuation of interim protection, the explanation furnished in the restoration application warranted revival of the proceedings. Accordingly, the Court restored MCRC No. 51319 of 2025 to its original number for adjudication on merits.

Importantly, while restoring the petition, the Court directed that "execution of arrest warrant issued in Case No. SC PPM/2/2024 by JMFC and Special Judge, MP/MLA, Bhopal will not be continued further which was passed on 12.11.2025." The effect of the direction is that the petitioner will continue to enjoy protection from execution of the arrest warrant while the restored petition remains pending before the High Court.

The Court further directed that a copy of the restoration order be placed on the record of the main criminal case and be forwarded to the JMFC and Special Judge, MP/MLA, Bhopal for necessary action.

The matter will now proceed for adjudication on its merits before the High Court.

Case Title: Abhishek Banerjee v. Akash Vijayvargia

Date of Order: June 24, 2026

Bench: Justice Pramod Kumar Agrawal