Mst. ROSMATERNESSA vs MURTAZA ALI — 1970 PCRLJ 1101

Citation: 1970 PCRLJ 1101

Court: Dacca

Year: 1970

Decision Date: 1970-04-08

Parties: Mst. ROSMATERNESSA vs MURTAZA ALI

Headnotes

Case cited as 1970 PCRLJ 1101

Judgment Text

Court Name: Dacca Judge(s): Ahsanuddin Choudhury, Abdul Hakim Title: Mst. ROSMATERNESSA vs MURTAZA ALI Case No.: Criminal Reference No. 170 of 1968 Date of Judgment:1970-04-08 Reported As: 1970 PCr.LJ 1101 Result: Reference rejected JUDGMENT JUDGMENT ABDUL HAKIM, J.-This is a reference under section 438 of the Cods of Criminal Procedure, made by the learned Additional Sessions Judge, 1st Court, Dacca recommending to quash or set aside an order dated 17-7-65 by Mr. S. M. N. Ahsan, Magistrate, 1st Class, Narayanganj reviving Case No. 241/124 of 1965 in which the accused were earlier discharged under section 209, Cr. P. C. In this case the accused persons were summoned under section 467, P. P. C. By the learned Sub- Divisional Magistrate, Narayanganj and thereafter the case was transferred to the file of Mr. S. M. N. Ahsan, Magistrate 1st Class for enquiry under Chapter XVIII of the Code of Criminal Procedure. On 8-7-65 both the parties were absent on repeated calls and there--upon, the learned Magistrate discharged the accused under sec--tion 209, Cr. P. C. With an observation: - The charge appears to be groundless. Accused discharged under section 209, Cr. P. C. On 17-7-65 an application was filed by the complainant, a pardanashin woman for revival of the case and the learned Magistrate on being satisfied with the reasons mentioned therein, revived the same and issued warrants of arrest against the accused persons. The learned Additional Sessions Judge, 1st Court, Dacca in…

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