Surendra Mehra v. State Of Punjab

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH CRM-M-26310-2025 Date of Decision : 19.08.2025 SURENDRA MEHRA .... PETITIONER V/S STATE OF PUNJAB .... RESPONDENT CORAM:HON'BLE MR. JUSTICE SUBHAS MEHLA Present :- Mr.Amit Kumar Dhiman, Advocate for the petitioner.

**** SUBHAS MEHLA, J. (Oral) 1.

The instant petition has been filed for quashing of impugned order dated 18.09.2024 (Annexure P-11) passed by learned Judicial Magistrate 1st Class, Kharar whereby non-bailable warrant of arrest has been issued against the petitioner for 26.11.2024. 2.

Learned counsel for the petitioner contended that while passing the impugned order, learned trial Court has not properly appreciated that non-bailable warrants should be issued when summons or bailable warrants would be unlikely to have the desired result. It is settled law that if the Court is of the opinion that summons are suffice in getting the appearance of the accused in Court, the summons or bailable warrants should be preferred. The power being discretionary must be exercised judiciously with care and caution.

3.

Heard.

Anju Goel 2025.08.29 10:09 I attest to the accuracy and integrity of this document Chandigarh

CRM-M-26310-2025 -24.

The petitioner is directed to surrender himself before the learned trial Court and on his surrender, if he moves an application for bail then the trial Court will decide his bail application on same day in accordance with law.

5.

Disposed of accordingly.

(SUBHAS MEHLA) JUDGE 19.08. 2025 anju Whether speaking/reasoned : Yes/No Whether Reportable : Yes/No Anju Goel 2025.08.29 10:09 I attest to the accuracy and integrity of this document Chandigarh