NEZAMAT ALI vs THE STATE AND ANOTHER-Opposite-Parties — 1970 PCRLJ 448

Citation: 1970 PCRLJ 448

Court: Dacca

Year: 1969

Decision Date: 1969-07-08

Parties: NEZAMAT ALI vs THE STATE AND ANOTHER-Opposite-Parties

Headnotes

Case cited as 1970 PCRLJ 448

Judgment Text

Court Name: Dacca Judge(s): Abdul Hakim Title: NEZAMAT ALI vs THE STATE AND ANOTHER-Opposite-Parties Case No.: Criminal Revision No. 620.of 1968 Date of Judgment:1969-07-08 Reported As: 1970 P Cr. L J 448 Result: Rule discharged Judgment ORDER This Rule is directed against an interlocutory order dated 27-4-68 passed by the Sub-divisional Magistrate (South), Chittagong rejecting an application for stay of further proceeding of a case. At the instance of the complainant opposite-party the Bashkhali P. S. Case No. 5(3)/67 under section 148/149/307/--326/379, P. P. C. Was started against the accused petitioner and others. The police investigated into the case and submitted a charge-sheet. During the pendency of the matter before the Sub-divisional Magistrate, the accused petitioner filed an applica--tion on 27-4- 68 praying for stay of further proceeding of the case on the grounds inter alia, that the Bashkhali P. S. Case No. 2(3)/67 under sections 148/149/302, P. P. C, brought by the accuse6 petitioner against the complainant opposite-party and others being the earlier one in point of time and ready for evidence and that case being the rnatn case over the occur--rence. The further proceeding of the present case should be stayed till the disposal of .The other case. The learned Magistrate rejected the application bN an order dated 27-4-68. The accused petitioner challenged the propriety of the above order before the Sessions Judge, Chittagong under section 438 of the Code of…

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