Sri SACHINDRA CHANDRA DAS vs TOFAZZAL HOSSAIN KHAN AND- 8 OTHERS- — 1971 PCRLJ 396

Citation: 1971 PCRLJ 396

Court: Dhaka High Court

Year: 1970

Decision Date: 1970-12-31

Parties: Sri SACHINDRA CHANDRA DAS vs TOFAZZAL HOSSAIN KHAN AND- 8 OTHERS- JUDGMENT

Headnotes

Case cited as 1971 PCRLJ 396

Judgment Text

Court Name: Dhaka High Court Judge(s): Abdullah Jabir Title:Sri SACHINDRA CHANDRA DAS vs TOFAZZAL HOSSAIN KHAN AND- 8 OTHERS- JUDGMENT Reported As: 1971 P Cr. L J 396 Result: Rule disposed of Judgment JUDGMENT This Rule is directed against an order dated 4-8-69 passed by Mr. A. H. Chowdhury, Additional Sessions Judge, Dacca reversing his earlier order dated 22-7-69 directing restoration of possession of but to the petitioner: The relevant facts are that following upon F. I. R. Lodged by the petitioner, accused-opposite- parties were put on trial and were charged under section 379, P. P: C. As well as 448, P. P. C. Two of the petitioners were also charged under section 323, P. P. C. The trying Magistrate passed Judgment. On 12-8-68 convicting the accused persons under section 448, P. P. C. And sentencing them to pay fine of Rs. 51 each, in default to rigorous imprisonment for one month each: The charge under section 379, P. P. C. Against all the accused and under section 323, P. P. C. Against to of the accused were found to have been not proved and the accused were acquitted of the said charges. On 27-8-68 the petitioner filed an application before the trying Magistrate for an order under sec-- tion 522, Cr. P. C, restoring possession of the but in question to him, whereupon an order was passed on the margin of the said petition for putting up the same after the expiry of appeal period. In the meantime, the trying Magistrate Mr. Nur Mohammad was transferred from the station…

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