Page No.# 1/3 GAHC010090442026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Crl.)/509/2026 In Crl. A/286/2022 SABIBAR RAHMAN S/O LATE HARAB ALI, R/O NEW BONGAIGAON, SAMSANPUR, ISLAMPUR, P.S. AND SIT.- BONGAIGAON, ASSAM VERSUS THE STATE OF ASSAM REP. BY PP ASSAM 2:SAHERA KHATUN W/O ABDUL HUSSAIN VILL.- SANTOSHPUR P.S.- CHAPAR P.O.- CHAPAR DIST.- DHUBRI ASSAM PIN- 7 Advocate for the Petitioner : MR. A RAHMAN, Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI HONOURABLE MR. JUSTICE PRANJAL DAS ORDER 17.09.2026 (S. K. Medhi, J) Heard Shri A. Rahman, learned counsel for the applicant. Also heard Ms. A. Begum, learned Add. PP, Assam. Page No.# 2/3 By this present application filed under Section 528 of the BNSS, 2023 read with Article 215, the applicant has prayed for modification/review of the judgment and order dated 08.04.2026 passed in Crl. Appl. No. 286/2022 (D/O). Vide the said judgment, the judgment and order dated 26.09.2022 passed in Special (P) Case No. 1 (BGN)/2022 by the learned Special Judge, Bongaigaon whereby the applicant was convicted and sentenced has been upheld and the appeal has been dismissed. Shri Rahman, the learned counsel for the applicant has submitted that in the judgment passed by this Court on 08.04.2026, certain arguments which were allegedly raised were not considered and therefore a modification of the said order has been sought for by means of this present application. On the other hand, Ms. Begum, the learned APP has submitted that the application itself is not maintainable and there is a statutory bar under the Code. The application has been duly considered. By the said application, the applicant has prayed for modification/review of the judgment and order dated 08.04.2026 with the specific plea that certain grounds were urged which were not considered. In this regard, it would be beneficial to refer to Section 362 of the Code of Criminal Procedure, 1973 which imposes a bar on the Court on criminal matters to exercise any powers of review except to correct a clerical or arithmetical error. For ready reference the aforesaid provision is extracted herein below: “362. Save as otherwise provided by this Code or by any other law for the time being in force, no Court, when it has signed its judgment or final order disposing of a case, shall alter or review the same except to correct a clerical or arithmetical error.” The corresponding provision in the BNSS is Section 403, which is an exact replication of Section 362 Cr.PC. In view of the aforesaid bar, the application itself would not be maintainable. Page No.# 3/3 The application accordingly stands rejected. JUDGE JUDGE Comparing Assistant