ORDER

Date : 14-02-2022 This Criminal Petition under Section 482 of the Code of Criminal Procedure, 1973, is preferred by the petitioner, Shri Sunil Konwar, praying for setting aside the order dated 30.11.2021, passed by the learned SDJM-I, Kamrup (M), in Azara P.S. Case No. 347/2015, under Sections 341/323/294 of the Indian Penal Code, corresponding to G. R. Case No. 14020/2015. It is to be mentioned here that vide the impugned order dated 30.11.2021, the learned Court below has issued NBWA against the petitioner.

Heard Ms. P. Das, learned counsel for the petitioner. Also heard Ms. S.

Jahan, learned Additional Public Prosecutor for the State of Assam.

Ms. P. Das, learned counsel for the petitioner, submits that on account of Covid-19 pandemic, the case was irregularly listed before the learned Court below and, thereafter, one Special Cause List was published and the case was taken up on 30.11.2021 and on the said date, neither the counsel for the petitioner nor the petitioner himself appeared before the Court below and, therefore, the learned Court below had issued NBWA against the petitioner. The learned counsel for the petitioner further submits that since there was miscommunication between the petitioner and his engaged counsel, the petitioner has not been able to appear before the learned Court below on the scheduled date and the petitioner may be given a chance to appear before the learned Court below and, therefore, it is contended to recall the NBWA issued against the petitioner.

On the other hand, Ms. S. Jahan, learned Additional Public Prosecutor, submits that though there is no apparent irregularity in the order dated 30.11.2021, the petitioner may be given a chance to appear before the learned Court below.

Having heard the submissions of learned Advocates of both sides, I have gone through the petition and the documents placed on record carefully.

It appears that before issuing NBWA on 30.11.2021, the case was listed before the learned Court below on 31.05.2021 and 25.08.2021, on which dates, the learned Court below did not pass any adverse order in view of the Notification issued by this Court in Memo No. HC. III-06/2020/2926-2957, dated 09.07.2021, and, thereafter, on 30.11.2021, the learned Court below had issued NBWA against the petitioner. Further it appears that before issuing NBWA, the learned Court below has not exhausted the other remedies available. Hon’ble Supreme Court in Inder Mohan Goswami & Ors. Vs. State of Uttaranchal & Anr. (Criminal Appeal No. 1392 of 2007) has held that “the issuance of non-bailable warrants involves interference with personal liberty. Arrest and imprisonment means deprivation of the most precious right of an individual. Therefore, the Courts have to be extremely careful before issuing non-bailable warrants”. It is further held that without properly comprehending the nature of controversy involved and without exhausting the available remedies, the Court shall not issue non-bailable warrants of arrest casually and mechanically. Here in this case, apparently the learned Court below has not exhausted the other available remedies for procuring the attendance of the petitioner before issuing NBWA against him.

Considering the above facts and circumstances and also considering the submissions advanced by the learned Advocates of both sides, the NBWA issued against the petitioner, vide the impugned order dated 30.11.2021, passed by the learned SDJM-I, Kamrup (M), passed in Azara P. Case No. 347/2015, under Sections 341/323/294 of the Indian Penal Code, corresponding to G. R. Case No. 14020/2015, stands recalled till 02.03.2022, on which, the petitioner shall appear before the learned Court below and on his appearance and on filing a petition for allowing him to remain on previous bail or to go on fresh bail and the learned Court below shall considered the same in accordance with law. With the aforesaid observation and direction, the instant Criminal Petition stands disposed of at the motion s