Page No.# 1/2 GAHC010275742024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./1588/2024 GUNAJYOTI SHARMA S/O UMESH SHARMA R/O VILL- MAKHIBAHA MOUZA- TIHU P.O. MAKHIBAHA,P.S. TIHU DIST. NALBARI, ASSAM PIN- 781374 VERSUS THE STATE OF ASSAM TO BE REP.BY THE LEARNED PP, ASSAM Advocate for the Petitioner : MR. A R BHUYAN, MS. A. BORAH,MR N A MAZARBHUIYA,MR N Z CHOUDHURY Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 06.01.2025 Heard Mr. AR Bhuyan, learned counsel appearing for the petitioner and Mr. D.P. Goswami, learned Additional Public Prosecutor for the state of Assam. Page No.# 2/2 2. This is an application under Section 528 of the BNSS, 2023, whereby the petitioner has challenged the order directing issue of non-bailable warrant of arrest against him in Sessions case No. 89/2023 pending in the court of the learned Sessions Judge, Nalbari. 3. This Court on 15.07.2024 in Criminal Petition No. 790/2024 had stayed the further proceeding of Sessions Case No. 89/2023, pending in the court of the learned Civil Judge- cum-Assistant Sessions Judge, Nalbari. Later on the case was transferred to the Court of Sessions Judge. On 18.11.2024, the accused persons were absent in the court, though they filed petitions showing cause of their absence. It may be mentioned that the said petition was not pressed on that day and therefore, the learned Sessions Judge directed issue of non- bailable warrant of arrest against the petitioner. 4. I have considered the submissions made by the learned counsels of both sides. 5. Putting a person behind the bar is a serious act of administration of justice. Before issue of NBWA against a person, the court should be very careful. It appears that the said order passed by this Court on 15.07.2024 in Criminal Petition No. 790/2024 did not come to the notice of the learned Sessions Judge. 7. This Court is of the opinion that the impugned order dated 18.11.2024 directing issue of non-bailable warrant of arrest against the petitioner is bad in law and stands set aside. 8. The further proceeding of Sessions case No. 89/2023 pending in the court of the learned Sessions Judge, Nalbari shall remain stayed till disposal of the Crl. Pet. No. 790/2024. 9. With the aforesaid direction, the criminal petition stands disposed of. JUDGE Comparing Assistant