Sheikh ENSAN ALI vs ABDUR RAHMAN AND Another — 1970 PCRLJ 596

Citation: 1970 PCRLJ 596

Court: Dacca

Year: 1969

Decision Date: 1969-12-16

Parties: Sheikh ENSAN ALI vs ABDUR RAHMAN AND Another

Headnotes

Case cited as 1970 PCRLJ 596

Judgment Text

Court Name: Dacca Judge(s): Abdullah Jabir Title: Sheikh ENSAN ALI vs ABDUR RAHMAN AND Another Case No.: Criminal Revision No. 76 of 1969 Date of Judgment:1969-12-16 Reported As: 1970 P Cr. L J 596 Result: Rule made absolute JUDGMENT JUDGMENT This Rule is directed against an order dated 1-7-68 passed by Mr. S. M. Israil Hoque, Sub-Divisional Magistrate, Bogra converting a proceeding under section 144, Cr. P. C. To one under section 145, Cr. P. C. The facts relevant to the present petition are that the opposite-party Abdur Rahman filed a petition before the Sub--Divisional Magistrate on 2-5-68 alleging that a tank in Plot No. 1510 of mouza Sutrapur P. S. Bogra was attached to the Jame Mosque of Bogra and was being used by the Musullies for ablution and that the petitioner Sheikh Ensan Ali alias Haji Ensan Ali and others were trying to erect some shops on the bank of the tank causing apprehension of the breach of peace. The learned Sub-Divisional Magistrate thereupon drew up a proceeding under section 144. Cr. P. C. On 3-5-68 and issued notice upon second party petitioner. Subsequently on hearing both the parties the learned Magistrate converted the proceeding to one under section 145, Cr. P. C. The legality of this order is being challenged by the petitioner. Mr. M. A. Aleem the learned Advocate appearing on behalf of the petitioner contended that the learned Magistrate had no jurisdiction to pass the impugned order as there was no dispute concerning the possession of the…

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