Page No.# 1/3 vs The National Investigation Agency ...
2025 Latest Caselaw 286 Gua

Gauhati High Court

Page No.# 1/3 vs The National Investigation Agency ... on 6 May, 2025

Author: S.K. Medhi

Bench: Sanjay Kumar Medhi

                                                                       Page No.# 1/3

GAHC010248422024




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                              THE GAUHATI HIGH COURT
   (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                                 Case No. : Crl.A./120/2025

            DHIRJYA KONWAR @ DHAIJA KONWAR @ DHAJYA KONWAR AND 2 ORS
            S/O SRI NIREN KONWAR , RESIDENT OF VILLAGE RUPAHIBAM, PS
            DEMOW, PO UDAIPUR, DIST SIVASAGAR, ASSAM 785640

            2: SRI MANAS KONWAR ALIAS MANAS PRATIM KONWAR
             S/O SRI DEBEN KONWAR
             RESIDENT OF VILLAGE CHETIA HANDIQUE
             PO SILASAKU
             PS SIMALUGURI DIST SIVASAGAR
            ASSAM 78640

            3: SRI BITTU SONOWAL @ BITTU SONWAL @ BITU SONOWAL
             S/O ROBIN SONOWAL
             RESIDENT OF ASHOK NAGAR
             NEAR 2D AP BN. PS MAKUM
             DIST TINSUKIA
            ASSAM 7861

            VERSUS

            THE NATIONAL INVESTIGATION AGENCY (NIA)
            THROUGHT THE SUPTD. OF POLICE, NIA, MINISTRY OF HOME AFFAIRS,
            GOVT. OF INDIA, BRANCHOFFICE, NAZARIKHAT,SONAPUR, GUWAHATI
            KAMRUP JM ASSAM



Advocate for the Petitioner   : MR S BORTHAKUR, MR R SENSUA,G KAUSHIK,R A LAHKAR

Advocate for the Respondent : SC, NIA,
                                                                                Page No.# 2/3


                   Linked Case : Crl.A./124/2025

                   AKHIL GOGOI
                   S/O LATE BOLURAM GOGOI
                   R/O HOUSE NO 40
                   NIJORAPAR
                   P.S. CHANDMARI
                   GUWAHATI
                   KAMRUP(M)
                   ASSAM 781003


                   VERSUS

                   THE NATIONAL INVESTIGATION AGENCY (NIA)
                   THROUGH THE SUPERINTENDENT OF POLICE
                   NIA
                   MINISTRY OF HOME AFFAIRS
                   GOVT. OF INDIA
                   BRANCH OFFICE
                   NAZIRAKHAT
                   SONAPUR
                   GUWAHATI
                   KAMRUP (M)
                   ASSAM.


                   ------------
                   Advocate for : MR S BORTHAKUR
                   Advocate for : SC
                   NIA appearing for THE NATIONAL INVESTIGATION AGENCY (NIA)



                                         BEFORE
                       HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI
                       HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA

                                                   ORDER

06.05.2025 (S.K. Medhi, J.)

Heard Shri S. Borthakur, learned counsel for the appellants. Also heard Shri RKD Choudhury, learned Special Public Prosecutor, NIA.

Page No.# 3/3

2. The learned Special Public Prosecutor, NIA has submitted that on the earlier occasion, a point was raised by him on the aspect of maintainability of an appeal against an order of framing of charges. He has also submitted that on this point, though an objection was sought to be filed, the same has not been filed for which he prays for some more time. He has also informed this Court that there is a Division Bench judgment of this Court wherein this point has been clarified.

3. The learned counsel for the appellants has fairly submitted that he is aware of the said judgment of the Division Bench and therefore, the aspect of converting the appeal into a revision may arise and he has also submitted that as per the decided case law of the Hon'ble Kerala High Court, such a revision can be filed and heard by a Division Bench.

4. Considering the aforesaid submissions, we direct the learned Special Public Prosecutor, NIA to file an objection indicating the aforesaid aspect within a period of 2(two) weeks from today.

5. As prayed for, list on 26.05.2025.

                                       JUDGE                      JUDGE




Comparing Assistant