ATIQUR RAHMAN vs THE STATE — 1970 PCRLJ 270

Citation: 1970 PCRLJ 270

Court: Dacca

Year: 1969

Decision Date: 1969-07-16

Parties: ATIQUR RAHMAN vs THE STATE-Opposite-Party

Headnotes

270 Result: Petition accepted JUDGMENT JUDGMENT The petitioner was convicted under section 3 (1) of East Pakistan Services (Temporary Powers) Ordinance, 1963, and sentenced to pay a fine of Rs. In default to suffer rigorous imprisonment for one month by Mr M.

Judgment Text

Court Name: Dacca Judge(s): Abdul Hakim Title: ATIQUR RAHMAN vs THE STATE-Opposite-Party Case No.: Criminal Revision No. 516 of 1967 Date of Judgment:1969-07-16 Reported As: 1970 P Cr. L J 270 Result: Petition accepted JUDGMENT JUDGMENT The petitioner was convicted under section 3 (1) of East Pakistan Services (Temporary Powers) Ordinance, 1963, and sentenced to pay a fine of Rs. 55. In default to suffer rigorous imprisonment for one month by Mr M. A. Malik, Magistrate, 1st Class, Dacca (South). The allegations against the accused-petitioner were that he participated in the illegal strike then waged by the railway employees of the Pakistan, Eastern Railway, by absenting himself from duties on 27-5-1965 without any authority. The plea of the accused was hat he was absent from the duties on the ground of his illness. Three witnesses for the prosecution and none for the defence were examined in the case. The learned Magistrate on appraisal of the evidence, convicted and sentenced the accused-petitioner as stated above in a summary trial. The accused preferred an appeal before the Sessions Judge, Dacca against the said order of con--viction and sentence but the learned .Additional Sessions Judge dismissed the appeal as no appeal lay under section 414, Cr. P. C. Against a sentence of fine of Rs. 55 passed summarily by a Magistrate; empowered under section 260, Cr. P. C. The accused-- petitioner thereafter moved this Court and obtained the present Rule. At the time of hearing of…

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