SAMAD ALI vs EJAMUDDIN — 1970 PCRLJ 9

Citation: 1970 PCRLJ 9

Court: Dacca

Year: 1968

Decision Date: 1968-07-08

Parties: SAMAD ALI vs EJAMUDDIN

Headnotes

Case cited as 1970 PCRLJ 9

Judgment Text

Court Name: Dacca Judge(s): Abdul Hakim, Abu Muhammad Abdulla Title: SAMAD ALI vs EJAMUDDIN Case No.: Criminal Reference No. 175 of 1966 Date of Judgment:1968-07-08 Reported As: 1970 PCr.LJ 9 Result: Reference rejected JUDGMENT JUDGMENT ABDUL HAKIM, J.-This is a reference under section 438 of the Code of Criminal Procedure made by Mr. M. A. Jabir, Sessions Judge, Dinajpur with a recommendation to quash the proceedings in Criminal Case No. 1079/C/65/281/66 pending in the Court of Mr. M. A. Hamid, Magistrate 1st Class, Dinajpur and to send the matter to the Conciliation Court for disposal as the case is exclusively triable by the Conciliation Court and the criminal Court has no jurisdiction to try the same. The short facts of the case are that one Samad Ali filed a petition of complaint in the Court of the Sub-Divisional Officer, Dinajpur, alleging that the accused Ejamuddin struck him with the sharp- edge of a spade (kodal) when he obstructed him in his attempt to cut and take away a mango plant belonging to the complainant. The Sub-Divisional Magistrate examined the complainant and referred the matter to the local police for enquiry and report. The police submitted a report supporting the allegations made in the petition of complaint. The accused was thereafter summoned under section 324 of the Pakistan Penal Code and the case was transferred to the Court of Mr. M. A. Hamid, Magistrate, 1st Class for disposal. The learned Magistrate examined 5 witnesses and framed a charge…

Read the full judgment on Al Wakeelo — Pakistan's AI-powered legal research platform.