Page No.# 1/4 GAHC010248422024 undefined 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. ------------ 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. Page No.# 4/4 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