JOYNAL ABEDIN DHALI vs MABULLAH MATBAR AND 13 Others — 1970 PCRLJ 830

Citation: 1970 PCRLJ 830

Court: Dacca

Year: 1969

Decision Date: 1969-11-14

Parties: JOYNAL ABEDIN DHALI vs MABULLAH MATBAR AND 13 Others

Headnotes

Case cited as 1970 PCRLJ 830

Judgment Text

Court Name: Dacca Judge(s): Abdullah Jabir Title: JOYNAL ABEDIN DHALI vs MABULLAH MATBAR AND 13 Others Case No.: Criminal Reference No. 33 of 1969 Date of Judgment:1969-11-14 Reported As: 1970 P Cr. L J 830 Result: Reference accepted JUDGMENT JUDGMENT This is a reference from Mr. I. H. Ch6wdhury, Sessions Judge, Faridpur for setting aside an order passed under section 144 of the Criminal Procedure Code. The facts leading to the reference are that upon a report submitted by the officer-in-charge of Shibehar Police Station regarding the apprehension of breach of peace, Mr. M. Z. Kidwai, Sub- Divisional Magistrate, Madaripur drew up a proceeding under section 144 of the Criminal Procedure Code on 27-9-1968, restrained the opposite-parties from entering the disputed land and directed them to show cause. Cause was duly shown as directed and on 26-11-1968 the Sub-Divisional Magistrate passed the following order: - "Both parties are present. The order is made absolute." Thereafter the Second Party filed a petition before the Sessions Judge of Faridpur praying for making a reference to this Court for setting aside the proceeding under section 144 of the Criminal Procedure Code and the Sessions Judge has made this reference. Mr. C. F. Karim, learned Advocate appearing in support of the reference contends that the order making the preliminary order under section 144 of the Criminal Procedure Code absolute was bad in law, since it was passed without considering the claim of…

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