BASHIRUDDIN vs OSMAN GHANI AND 7 Others Case No — 1970 PCRLJ 1244

Citation: 1970 PCRLJ 1244

Court: Dacca

Year: 1970

Decision Date: 1970-02-05

Parties: BASHIRUDDIN vs OSMAN GHANI AND 7 Others

Headnotes

1244 Result: Reference rejected Judgment ORDER This is a Reference under section 438 of the Code of Criminal Procedure made by the learned Additional Sessions Judge, 3rd Court, Dacca, recommending to set aside an order dated 29-8-67 passed by Mr. Mannan, Magistrate, 1st Class Dacca, rejecting an application under section 344, Cr.

Judgment Text

Court Name: Dacca Judge(s): Abdul Hakim Title: BASHIRUDDIN vs OSMAN GHANI AND 7 Others Case No.: Criminal Reference No. 245 of 1968 Date of Judgment:1970-02-05 Reported As: 1970 P Cr. L J 1244 Result: Reference rejected Judgment ORDER This is a Reference under section 438 of the Code of Criminal Procedure made by the learned Additional Sessions Judge, 3rd Court, Dacca, recommending to set aside an order dated 29-8-67 passed by Mr. M. A. Mannan, Magistrate, 1st Class Dacca, rejecting an application under section 344, Cr. P. C. For stay of further proceedings in a case under section 384/323, P. P. C. The facts leading to the reference are that the complainant brought a case under section 384/323, P. P. C. Against the accused. The case was ready for hearing and a date was fixed for evidence. At this stage the accused filed a petition before the learned Magistrate under section 344, Cr. P. C. For stay of further proceedings of the said criminal case on the ground that a title suit (being T. S. No. 126- of 1966) between the parties on the self--same matter is pending in the 2nd Court of Munsiff, Dacca and the result of that Civil suit is likely to have a direct and vital bearing upon the alleged guilt or otherwise of the accused in the criminal case and hence pending disposal of the title suit, the criminal case should be stayed, the learned Magistrate, however, rejected the petition by his order dated 29-8-67. The accused challenged the propriety and legality of the said order…

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