Page No.# 1/4 GAHC010205612025 2025:GAU-AS:12496 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./1125/2025 SRI KAMALASWOR BAISHYA SON OF SRI PRANESWAR BAISHYA, PERMANENT RESIDENT OF VILLAGEBARIKA CHUBURI (DEKIALGAON), JYOTI NAGAR, TEZPUR, DISTRICT-SONITPUR, ASSAM. VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM 2:AMAR ANSARY SON OF LATE HASIM ANSARY RESIDENT OF INDIRA NAGAR PSTEZPUR DISTRICT-SONITPUR ASSAM Advocate for the Petitioner : MR. D CHOUDHURY, MR J DAS,MS. A KHARBANI,MR T CHAKRABORTY Advocate for the Respondent : , BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER 10.09.2025 1. Heard Mr. D. Choudhury, the learned counsel for the petitioner. Page No.# 2/4 Also heard Mr. K.K. Parasar, the learned Additional Public Prosecutor appearing for the State of Assam. 2. This application under Section 528 of the BNSS, 2023 has been filed by the petitioner, namely, Shri Kamalaswor Baishya, impugning the order dated 21.11.2024, passed by the Court of the learned Judicial Magistrate First Class, Tezpur, Sonitpur in PRC Case No. 1570/2021, whereby, non-bailable warrant of arrest was issued against the petitioner. 3. The learned counsel for the petitioner has submitted that the Investigating Officer of Tezpur P.S. Case No. 1477/2020 had submitted a charge sheet under Sections 341/307/326/34 of the Indian Penal Code, 1860 in PRC Case No. 1570/2021 showing the petitioner’s name in the column of the said charge sheet. 4. The learned counsel for the petitioner has submitted that the petitioner was unaware of the filing of the FIR as well as charge sheet and during the period of investigation, he was not arrested by the Investigating Officer. 5. He also submits that the Committal Court had issued bailable warrant of arrest against the petitioner, which was duly executed. However, on the next dated fixed before the Committal Court, i.e. on 21.11.2024, due to some personal difficulty, the petitioner could not appear in person before the said Court. 6. It is submitted by the learned counsel for the petitioner that on that day, the petitioner engaged a counsel and through him had filed an application seeking adjournment. Page No.# 3/4 7. However, the Trial Court rejected the prayer for adjournment and issued non-bailable warrant of arrest. 8. The learned counsel for the petitioner has submitted that the petitioner is ready to co-operate in the trial. However, as pending non- bailable warrant of arrest is there against him, he is seeking some protection. 9. The learned counsel for the petitioner also submits that the next date of the PRC Case No. 1570/2021 is fixed on 11.11.2025. 10. I have considered the submissions made by the learned counsel for both sides. 11. There seems to be no irregularity in the order, which has been impugned, in this case as the Committal Court has issued the non-bailable warrant of arrest only on failure of the petitioner to appear before it after a due execution of the bailable warrant of arrest issued against him. However, as the petitioner is ready to co-operate in the trial, this Court for the ends of justice by invoking its inherent power under Section 528 of the BNSS, 2023 is inclined to grant interim protection to the petitioner. 12. The petitioner is directed to appear before the Court of the learned Judicial Magistrate First Class, Tezpur, Sonitpur, on the next date fixed, i.e. on 11.11.2025 in PRC Case No. 1570/2021. 13. To facilitate his appearance before the said Court, the execution of the non-bailable warrant of arrest issued against him by the said Court shall remain suspended, till that day, i.e. on 11.11.2025. Page No.# 4/4 14. With the above observations, this Criminal Petition is disposed of. JUDGE Comparing Assistant