Page No.# 1/3 GAHC010075902026 2026:GAU-AS:5563 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./564/2026 NITYANANDA KAMAN SON OF LT. BHUBAN CHANDRA KAMAN R/O VILL AND P.O. BILMUKH, P.S. GHILAMARA, PIN-787053, DIST. LAKHIMPUR, ASSAM VERSUS DHYAN FOUNDATION AND ANR HAVING ITS REGISTERED OFFICE AT A-80, SOUTH EXTENSION, PART-2, NEW DELHI-110049, REPRESENTED BY ITS AUTHORIZED SIGNATORY, SMT. TANKALA NAGA CHANDRANI, WIFE OF K. VKANNAN PERMANENT RESIDENT OF PLOT 18, 2ND FLOOR, KANTAREDDY NAGAR, ATTAPUR, HYDERABAD-48, AND PRESENTLY RESIDING AT CHANDRANATH SARMAH PATH, JANAKI BHAWAN, WARD NO. 6, SHANTIPUR, BISWANATH CHARIALI, P.O. BISWANATH CHARIALI, P.S. BISWANATH, DIST. BISWANATH,A SSAM, PIN-784176 2:THE STATE OF ASSAM REPRESENTED BY THE PP ASSAM Advocate for the Petitioner : MR. J C GOGOI, MR B ISLAM Advocate for the Respondent : PP, ASSAM, Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 23.04.2026 1. Heard Mr. J. C. Gogoi, learned counsel for the petitioner. Also heard Mr. B. Sharma, learned Additional Public Prosecutor for the State of Assam. 2. This is an application under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, challenging the order dated 13.03.2026, passed by the learned Additional Sessions Judge, Biswanath, Biswanath Chariali in Criminal Revision No. 05(S-1)/2026. 3. Learned counsel for the petitioner has submitted that without giving an opportunity of being heard, the Court below had stayed the order dated 20.01.2026 passed by the learned Judicial Magistrate (M), Biswanath in Behali P.S. Case No.107/2025 has been stayed. 4. I have considered the submissions made by the learned counsel for both sides. 5. This Court is of the opinion that before passing an order of stay, the Trial Court should have given an adequate opportunity to the present petitioner of being heard. 6. Therefore, the part of the order dated 13.03.2026, passed by the learned Additional Sessions Judge, Biswanath directing stay of the order dated 20.01.2026 is set aside. 7. The matter is referred to the Court of the learned Additional Sessions Judge, Page No.# 3/3 Biswanath for hearing the present petitioner and after hearing the both sides, the Court of the learned Additional Sessions Judge, Biswanath shall pass a fresh order. 8. With the aforesaid direction, this Criminal Petition stands disposed of. JUDGE Comparing Assistant