Gauhati High Court
Page No.# 1/4 vs The National Investigation Agency ... on 26 May, 2025
Author: S.K. Medhi
Bench: Sanjay Kumar Medhi
Page No.# 1/4
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.# 2/4
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.
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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
26.05.2025
(S.K. Medhi, J.)
Both these appeals have been preferred under Section 21(1) of the
National Investigation Agency Act, 2008 challenging separate orders passed by
Page No.# 3/4
the concerned learned NIA Court whereby charges have been framed. After
filing of the appeals, the aspect of maintainability was raised as to whether the
Act in question had provided for preferring such appeals. On the aforesaid issue,
the appeals were adjourned and in the meantime, the respondent NIA has filed
a detail affidavit-in-opposition primarily raising the point of maintainability.
2. We have heard Shri S. Borthakur, learned counsel for the appellants. We
have also heard Shri D. Sakia, learned Senior Counsel assisted by Shri
Satyanarayan, learned Public Prosecutor, NIA.
3. Shri Borthakur, learned counsel for the appellants has fairly conceded that
in view of the judgments cited, the appeal may not be maintainable. However,
he prays that the appeals may be converted into a revision so that the
appellants herein are not left remediless to challenge the impugned orders.
4. Shri Saikia, learned Senior Counsel has submitted that he would have no
objection for such conversion. However, he reserves the right to raise the issue
of maintainability along with other grounds, if such conversion is allowed.
5. On the issue as to whether revision would be under the earlier CrPC or the
present BNSS, the learned Senior Counsel Shri Saikia has referred a recent
judgment dated 11.11.2024 passed by a Hon'ble Division Bench in
Crl.Ref./1/2024 [In re Vs. the State of Arunachal Pradesh and Ors. ]
wherein it has been clarified that such revision would be under the provisions of
BNSS.
6. In view of the aforesaid discussion, we are of the view that interest of
justice would be served if the present appeals are converted into revisions.
Further, as laid down in the judgment dated 11.11.2024, such revisions are to
be registered under the BNSS.
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7. It is clarified that the respondent NIA would have all the liberty to raise
any preliminary point questioning the maintainability of such revision.
8. It is also made clear that while dismissing the appeals on the ground of
maintainability and converting the same to revisions under the BNSS, this Court
has not expressed any opinion on the inter se merits of the rival parties.
9. These appeals accordingly stand disposed of with the directions made
above.
JUDGE JUDGE
Comparing Assistant
