MOHAMMED MIAH vs THE STATE-Opposite-Party — 1961 PLD 753

Citation: 1961 PLD 753

Court: Dhaka High Court

Year: 1970

Decision Date: 1970-11-11

Parties: MOHAMMED MIAH vs THE STATE-Opposite-Party

Headnotes

Case cited as PLD 1961 Lah. 753

Judgment Text

Court Name: Dhaka High Court Judge(s): Ahsanuddin Choudhury, Abdul Hakim Title: MOHAMMED MIAH vs THE STATE-Opposite-Party Case No.: Criminal Revision No. 355 of 1969 Date of Judgment:1970-11-11 Reported As: 1971 P Cr. L J 598 Result: Rule discharged JUDGMENT JUDGMENT ABDUL HAKIM, J.-This Rule is directed against an order dated 15-12-67 passed by Mr. B. Biswas, Sub-Divisional Magistrate, Noakhali Sadar (South) in C. R. Case No. 588 of 1967 summoning the accused-petitioner and to others udder section 193, P. P. C. The short facts are that one Afia Khatoon lodged a complaint before the Sub-Divisional Magistrate, Noakhali, Sadar, alleging that the accused-petitioner and to others went to her house on the night following 19-3-67 during the absence of her husband and kept a gun and other materials in her dwelling house saying that they would remove the said materials shortly afterwards. They did not turn up to take back the materials and on the following morning the incrimi--nating articles were recovered by the police from her house. The Sub-Divisional Magistrate, Noakhali, sent the matter to Mr. S. S. Nath, Magistrate, 2nd Class, Noakhali for holding a judicial enquiry who eventually, submitted a report charac--terising the allegations made in the petition of complaint as false. On receipt of the report of the enquiring Magistrate, the learned Sub-Divisional Magistrate dismissed the complaint under section 203 of the Code of Criminal Procedure. The complainant moved the…

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