MD. MOSTAFA CHOWDHURY vs LILA RANT NUN DI — 1962 PLD 242

Citation: 1962 PLD 242

Court: Dacca

Year: 1969

Decision Date: 1969-11-25

Parties: MD. MOSTAFA CHOWDHURY vs LILA RANT NUN DI

Headnotes

Case cited as PLD 1962 SC 242

Judgment Text

Court Name: Dacca Judge(s): Abdullah Jabir Title: MD. MOSTAFA CHOWDHURY vs LILA RANT NUN DI Case No.: Criminal Revision No. 880 of 1968 Date of Judgment:1969-11-25 Reported As: 1970 P Cr. LJ 645 Result: Rule discharged JUDGMENT JUDGMENT This Rule was obtained by the petitioner against an order dated 30-10-68 passed by a Magistrate of Chittagong summon--ing the accused-petitioner and others under section 379 of the Pakistan Penal Code in C. R. Case No. 1593 of 1968. The relevant facts are that opposite-party Lila Rani Nundi filed a case against the petitioner and others under section 379, Pakistan Penal Code and the said case was registered as C. R. Case No. 1953 of 1968. On 16-9-68 both the complainant and the accused were absent and Mr. K. N. Huda, Magistrate, Ist Class, Chittagong discharged the accused under section 253 of the Criminal Procedure Code. Sub--sequently, on 21-9-68 Lila Rani Nundi filed a fresh petition of complaint against the petitioner and others and she was examined on that day whereafter a fresh case namely, Case No. 1593 of 1968 was started and on 30-10-68 the learned Magistrate passed the impugned order summoning the petitioner and others under section 379, Pakistan Penal Code. Mr. H. K. Abdul Hye, the learned Advocate appearing for the petitioner challenges the legality of the aforesaid order on the ground that since the learned Magistrate had previously on 16-9-68 discharged the petitioner and others under section 253 of the Criminal Procedure…

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