A local court had issued a non-bailable warrant against Arjun Rampal in a 2019 tax evasion case. In a sigh of relief, the Bombay HC has quashed the court order calling it 'mechanical'
Arjun Rampal
In a sigh of relied, the Bombay High Court quashed a non-bailable warrant against actor Arjun Rampal in a 2019 tax evasion case. While quashing the order from the lower court, the court termed it as "mechanical and cryptic". A vacation bench of Justice Advait Sethna on May 16 further said that the magistrate's order was "contrary to law" and passed without application of mind. Rampal had moved HC challenging the April 9 order passed by a magistrate's court issuing a non-bailable warrant against him in a 2019 case initiated by the I-T department for an offence under section 276C(2) of the Income Tax Act.
As per the actor's plea, his advocate had submitted an application before the magistrate seeking exemption from appearance. However, the court rejected it and issued a non-bailable warrant against Rampal, it said.
Bombay HC quashes lower court order against Arjun Rampal
In the order, Justice Sethna noted that the offence for which Rampal has been accused carries a maximum punishment of three years and is a bailable offence.
The magistrate's court has not considered this and has "mechanically" passed the order issuing a non-bailable warrant against the actor in a bailable offence, the HC said.
The HC observed that the Mazgaon magistrate's court did not record any reasons before issuing the non-bailable warrant. "In my view, it is a cryptic order which lacks application of mind," Justice Sethna said.
The High court said issuing a non-bailable warrant in a case of a bailable offence would cause prejudice to the actor. It further added that the magistrate overlooked the fact that the actor's advocate was present in court.
Rampal's plea challenging Dec 2019 order posted for June 16
Rampal had also challenged a December 2019 order of the magistrate's court issuing him a notice in the case. The high court posted the matter for further hearing on June 16.
Rampal's advocate Swapnil Ambure argued in court that the magistrate's orders of both December 2019 (issuance of notice) and April 2025 (issuance of non-bailable warrant) were wrong and arbitrary.
"The full tax amount for the financial year 2016-17 in question was paid but in a delayed manner. There is no evasion of tax as alleged by the department in their complaint," Ambure told HC.
(with inputs from PTI)
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