1 69. WP 626 of 2026.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR CRIMINAL WRIT PETITION NO.626 OF 2026 DINESH SURESH KENE AND OTHERS VERSUS STATE OF MAHARASHTRA THR POLICE STATION OFFICER, POLICE STATION WARUD, TQ. WARUD, DIST. AMRAVATI Office Notes, Office Memoranda of Coram, Appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Mr. A.A. Dhawas, Advocate for Petitioners. Mr. I.J. Damle, APP for Respondent-State. CORAM : M.W. CHANDWANI, J. DATED : 17th AUGUST 2026 PER COURT :- 1. Heard learned Counsel for the petitioners as well as learned APP for the respondent-State. With the consent of both the parties, the petition is taken up for final hearing at the stage of admission. 2. The order of issuance of non-bailable warrant dated 02.06.2026, passed by learned District Judge-1 and Additional Sessions Judge, Warud, Dist. Amravati, for non-appearance of the petitioners/accused in Sessions Case No.41 of 2023, has been challenged in this petition. 3. Learned Counsel for the petitioners submits that the order dated 01.04.2023, passed by learned Judicial Magistrate First Class, Warud, in R.C.C. No.374 of 2022, committing the case to the learned 2026:BHC-NAG:10687 2 69. WP 626 of 2026.odt Sessions Court was passed without waiting for appearance of the petitioners/accused and without complying with the provisions of Section 207 of the Code of Criminal Procedure, 1973. He placed reliance on the Order Sheet/Roznama of R.C.C. No.374 of 2022, to submit that in absence of the present petitioners/accused, the case was committed to the Hon’ble Sessions Court, Amravati. Hence, he prays for quashing and setting aside the impugned order dated 02.06.2026 and seeks cancellation of non-bailable warrant issued against the petitioners. 4. The instant petition is opposed by the learned APP on the ground that the Sessions Case is fixed for charge before the learned District Judge-1 and Additional Sessions Judge, Warud. However, the petitioners are not appearing before the learned Sessions Court. Therefore, he prays for dismissal of the instant petition. 5. Perusal of the Order Sheet/Roznama of R.C.C. No.374 of 2022, relied upon by the petitioners/ accused, reveals that on the date when the case was committed to the learned Sessions Court, Amravati i.e. 01.04.2023, the petitioners were absent and notices were also not returned after service. Thus, the committal order was passed behind the back of the petitioners. There is nothing on record to suggest that notices were served on the petitioners. 3 69. WP 626 of 2026.odt 6. That apart, it appears that the Additional Sessions Court at Warud has recently been established. Perhaps, the sessions case may have been transferred from the learned Sessions Court, Amravati to the learned Additional Sessions Court, Warud. Be that as it may, learned Counsel for the petitioners undertakes that the petitioners shall appear before the learned District Judge-1 and Additional Sessions Judge, Warud, on next date of hearing and co-operate in the trial. 7. In view of the above, a case is made out warranting interference by this Court. Hence, following order is passed. ORDER i) The writ petition is allowed. ii) The order of issuance of non-bailable warrant dated 02.06.2026, against the petitioners, passed by learned District Judge-1 and Additional Sessions Judge, Warud, is hereby quashed and set-aside. iii) The petitioners shall appear before the learned District Judge-1 and Additional Sessions Judge, Warud, on next date of hearing. (M.W. CHANDWANI, J.) asd