Page No.# 1/3 GAHC010028582025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./283/2025 KABINDRA NARZARY VILLAGE TITAGURI AMLAGURI PO TITAGURI PS AND DISTRICT KOKRAJHAR BTC ASSAM, PIN-783370 VERSUS RAFIKUL ALI S/O PIYAR ALI R/O VILLAGE CHAUTAKI PT- I, PO SALAKATI PS AND DISTRICT KOKRAJHAR BTC, ASSAM PIN-783376 Advocate for the Petitioner : MR G BAISHYA, K BANIK,MR. D RABHA Advocate for the Respondent : , BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER Date : 10.03.2025 1. Heard Mr. G. Baishya, learned counsel for the petitioner. 2. This application under Section 528 of BNSS, 2023 read with Article 227 of the Constitution of India has been filed by the petitioner, namely, Kabindra Narzary impugning the order dated 19.12.2024 passed by the learned Judicial Page No.# 2/3 Magistrate First Class, Dhubri in C.R. Case No. 23/2022 whereby the said Court issued bailable warrant of arrest against the present petitioner. 3. The learned counsel for the petitioner has submitted that the petitioner has been named as an accused in the C.R. case No. 23/2022 which has been filed by the respondent before the Court of learned Judicial Magistrate First Class, Dhubri. It is submitted by the learned counsel for the petitioner that the petitioner preferred a criminal petition under Section 482 before this Court praying for quashing of theproceeding of the said case. The said criminal petition has been registered as Criminal Petition No. 1131/2023. 4. The learned counsel for the petitioner has further submitted that by order dated 16.10.2023 passed by a Co-ordinate Bench of this Court in Criminal Petition No. 1131/2023, further proceeding of C.R. case No. 23/2022 under Section 138 of the NI Act was stayed. 5. The learned counsel for the petitioner submits that the said Criminal Petition No. 1131/2023 is still pending before this Court and the stay granted by the Co-ordinate Bench of this Court by the aforesaid order (order dated 16.10.2023) is still operative. However, in spite of that the Trial Court has proceeded with the C.R. Case No. 23/2022 in violation of the direction of this Court. 6. This Court has requisitioned records of Criminal Petition No. 1131/2023 to verify as to whether the said criminal petition is still pending or not. On perusal of the record, it appears that by order dated 16.10.2023 passed in Criminal Petition No. 1131/2023, further proceeding of Complaint Case No. 23/2022 under Section 138 of the NI Act pending before the learned Judicial Magistrate First Class, Dhubri was stayed by this Court. There is no order by this Page No.# 3/3 Court modifying the said stay order. 7. Under such circumstances, the impugned order dated 19.12.2024 passed in C.R. Case No. 23/2022 by the learned Judicial Magistrate First Class,Dhubri appears to be a clear violation of the orders passed by this Court. 8. It is pertinent to mention herein that before proceeding with the trial of the said Court, the learned Judicial Magistrate ought to have verified from the Registry of this Court regarding the pendency or otherwise of Criminal Petition No. 1131/2023 and only after verifying as to whether the stay order passed by this Court is vacated or not, the learned Magistrate ought tohave been proceeded with the trial of C.R. Case No. 23/2022. 9. As already observed that the impugned order is in violation of the order passed by this Court, the said order is hereby set aside and the further proceeding of C.R. Case No. 23/2022 shall remain stayed in pursuant to the order dated 16.10.2023 passed by the Co-ordinate Bench of this Court in Criminal Petition No. 1131/2023. 10. This criminal petition is accordingly disposed of without issuing notice to the other side. JUDGE Comparing Assistant