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Citation: 1970 PCRLJ 880
Court: Dacca
Year: 1969
Decision Date: 1969-10-29
Parties: A. M. RAFIQUL ISLAM vs MUSA KAZEM MIRDHA AND vs NOT
880 Result: Rule made absolute Judgment ORDER This Rule was obtained by the petitioner whose revisional application under section 435 of the Code of Criminal Procedure was rejected by Mr. Kaiser Ali, Additional Sessions Judge, Dacca.
Court Name: Dacca Judge(s): Abdullah Jabir Title: A. M. RAFIQUL ISLAM Versus MUSA KAZEM MIRDHA AND vs NOT Case No.: Criminal Revision No. 836 of 1968 Date of Judgment:1969-10-29 Reported As: 1970 P Cr. L J 880 Result: Rule made absolute Judgment ORDER This Rule was obtained by the petitioner whose revisional application under section 435 of the Code of Criminal Procedure was rejected by Mr. Kaiser Ali, Additional Sessions Judge, Dacca. Briefly the facts are that the petitioner A. M. Rafiqul Islam filed an application under section 190-A of the Criminal Procedure Code before the Deputy Commissioner, Dacca in which it was stated that the accused opposite-parties along with others, about 100 in number, being armed with deadly weapons entered the premises of a Madrassa, of which he wasthe founder Secretary, and looted away various material worth about Rs. 10,000 of the said Madrassa. The application was sent to the Sub-Divisional Officer, Manikganj for report on receipt of which he was asked to take necessary action. There after cognizance was taken by the Sub-Divisional Officer, Manikganj who transferred the case to the file of another Magistrate. Ultimately the case came to the file of Mr. B. C. Son Gupta who examined witnesses and framed charges under sections 148 and 379 of the Pakistan Penal Code against the accused persons. A petition was filed on behalf of the complainant-petitioner for proceeding with the case under Chapter XVIII of the Criminal Procedure Code but the…
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