Page No.# 1/3 GAHC010273242025 2026:GAU-AS:13782 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Crl.)/46/2026 SRI BISWAJIT SEN SON OF SRI NAGENDRA SEN R/O - VILL - GURIHATI P.O. P.S. KHOIRABARI DIST. - UDALGURI B.T.R. ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY PUBLIC PROSECUTOR 2:SMT SAGARIKA MITRA D/O APURBA KR. MITRA R/O VILL - DEBAGURI P.O. P.S. - KHOIRABARI DIST. UDALGURI B.T.R. ASSAM ------------ Advocate for : MS B R A SULTANA Advocate for : PP ASSAM appearing for THE STATE OF ASSAM BEFORE HON’BLE MRS. JUSTICE SHAMIMA JAHAN ORDER 16.09.2026 Heard Ms B R A Sultana, learned counsel appearing for the applicant. Also heard Mr B Sarma, learned Additional Public Prosecutor for the State of Assam. Page No.# 2/3 2. This is an application for converting the nomenclature of the application from criminal appeal to criminal revision petition, under Sections 442/523 of the BNSS, 2023 3. The learned counsel for the applicant submits that the applicant was convicted by the learned Additional CJM, Udalguri, vide Judgment and Order dated 21.12.2024, by which the applicant was convicted under Sections 341/354 of the IPC and was sentenced to undergo SI for a period of one month under Section 341 IPC as well as to undergo RI for a period of one year with fine and default stipulation under Section 354 IPC. Against the said Judgment and Order, the applicant had filed a criminal appeal before the Court learned Additional Sessions Judge, Udalguri, and the said Court vide Judgment and Order dated 23.05.2025, had upheld the order of the Additional CJM, Udalguri, and affirmed the judgment and conviction passed therein. Aggrieved by the said judgment and order passed in Criminal Appeal No. 7 of 2025, the applicant has filed the instant application before the High Court. However, while filing the application, the applicant has sought for filing of a criminal appeal before the High Court, which is, however, not maintainable as second appeal does not lie. As such, the learned counsel for the applicant by filing the instant IA has prayed for conversion of the connected criminal appeal into criminal revision petition under Section 442, read with Section 528 of the BNSS, 2023. 4. Mr B Sarma, learned Additional Public Prosecutor, however, does not object to the prayer made in the instant application Page No.# 3/3 5. For the ends of justice, the said application is allowed and the connected criminal appeal be converted to criminal revision petition. 6. Interlocutory Application stands disposed of. JUDGE Comparing Assistant