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Ali Akbar® Abkar Dewan Vs. State, 2005, 34 CLC (AD)
....ested 3 accused persons (including the petitioner), produced them under arrest before Rajbari Police Station with the help of the police and lodged First Information Report (hereinafter called the FIR) at 11.35 hours on 2.2.1993, stating, inter alia, that having done the buying and selling trans......intaining the conviction of the accused petitioner under section 412 of the Penal Code. The Petition is, accordingly dismissed with the aforesaid modification of the sentence. Ed. ..Category: Criminal Law | Date: | Hits: 23
Mukter Hossain Khan (Md.) Vs. State, 2008, 37 CLC (AD)
....her abdomen was torn. There was injury on the private organ of the dead body. He sent both the dead bodies to the morgue for autopsy and after having received the postmortem report lodged the FIR on 28-8-1995 and Ghior Police Station Case No. 10 of 1967 dated 29-8-1995 was started, ......etitioner. The appeal is accordingly allowed. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 44 ; V ADC (2008) 358; 13 MLR (AD) 2008, 186; 28 BLD (AD) 2008, 53. ..Category: Criminal Law | Date: | Hits: 71
State Vs. Abdul Kader alias Kada and others, 2008, 37 CLC (AD)
....y pleaded innocence and claimed to be tried. 10. Prosecution in all examined 13 witnesses. Of them P.W.5 at the relevant time was the Officer-in-Charge of Malendaha Police Station and recorded the FIR on the oral statement of the informant (P.W.I), P.W.7 was the Upazila Magistrate who recorded th......ts are directed to surrender to their respective bail bond to serve out the remaining part of their sentence awarded by the trial Court. Ed. This Case is also Reported in: 19 BLT (AD) 2011, 38. ..Category: Criminal Law | Date: | Hits: 44
Abdur Rouf Sarder Vs. State, 2007, 36 CLC (AD)
....n 20.11.1990 accused petitioner along with others assaulted aforesaid Bhabaranjan, calling him a cow lifter as a result of which he died. Suranjan Kamur brother of deceased Bhabaranjan lodged FIR with Tala Police Station on the basis of which a case was started and the police after investig......o. In such circumstances we do not find any reason to lay our hands. The petition is, therefore, dismissed. Ed. This Case is also Reported in: IV ADC (2007) 800. ..Category: Criminal Law | Date: | Hits: 52
Mizanur Rahman alias Mithu and another Vs. State, 2006, 35 CLC (AD)
....om the hands of Faruque and Gani and thus Mithu left the place of occurrence. Dr. Malek, father of the aforesaid victim lodged a general diary with the police station on 10.09.1994 and also lodged FIR narrating the occurrence on the basis of which Kawkhali P.S. Case No. 2 dated 10.09.1994 was st......granted to consider the same. Preparation of paper book is dispensed with as prayed for. The petitioners are directed to make the appeal ready for expeditious hearing. Ed. ..Category: Criminal Law | Date: | Hits: 48
Md. Golam Murtuza @ Isphil Vs. State, 2006, 35 CLC (AD)
....enough to draw and inference of guilt and can not form basis of conviction and in the instant case 18 witnesses were examined out of which P.W. 1 informant, who did not suspect any body in the FIR, P.W-3 deposed in the Court that she saw the accused fleeing away by crossing the boundary wal......ions Jude is erroneous and can not be sustained in law. In the result, the appeal is allowed and the accused-appellant is set at liberty if not wanted in any other connection. Ed. ..Category: Criminal Law | Date: | Hits: 53
State Vs. Moniruzzaman Kazi alias Thanda Kazi, 2006, 35 CLC (AD)
....ter P. Ws, 6, 7, 8 and 11 came to the place of occurrence and Romeza was at first taken to the local hospital and then to the hospital at Khulna. Subsequently on 2.12.1989 at 8 P. M. P. W.1 lodged FIR. After investigation police submitted charge-sheet against the accused respondent and anot......commit any error in acquitting the accused. In view of the discussion made above we do not find any substance in this appeal. The criminal appeal is therefore, dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 29
State Vs. Khandker Zillul Bari and other, 2006, 35 CLC (AD)
.... the same. 28. It further appears on perusal of the First Information Report of (Barisal) Kotwali PS Case No. 21(10)89 lodged by accused respondent Nasiruddin Jamal that the contents of the FIR were found, during investigation, to be false as deposed by PW 1 Bimal Kumar Das. Lodgment of t......gainst them. In default, the District Magistrate concerned shall take step for effecting their arrest to undergo the sentences. Ed. This Case is also Reported in: 26 BLD (AD) 2006, 77. ..Category: Criminal Law | Date: | Hits: 129
Alauddin Bhuiyan (Md) Vs. State, 2008, 37 CLC (AD)
....icial position as Nazir and thereby committed criminal breach of trust. On the basis of the aforesaid allegation, Foyezuddin Ahmed, Assistant Inspector of Anticorruption Bureau, Kishoreganj, lodged FIR with Tarail Police Station after conducting preliminary enquiry into the matter and the Anti-C......nd the allegations leveled against him. 7. In view of above, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, this petition is dismissed. Ed. ..Category: Anti-Corruption Laws | Date: | Hits: 90
S.M. Khaliur Rahman and others Vs. State, 1989, 18 CLC (AD)
....be a ground for quashing a criminal proceeding. Such plea is to be established by evidence by the accused who takes the plea. A criminal proceeding is liable to be quashed if the facts alleged in the FIR or in the complaint petition, even if admitted do not constitute any offence or the proceeding i......for quashing the proceedings is found to have been rightly refused by the High Court Division. In the result the appeal is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 62. ..Category: Criminal Law | Date: | Hits: 39
Serajul Hoque (Md.) Vs. State, 1989, 18 CLC (AD)
................................Respondent Judgment April 17, 1989. Result: The appeal is allowed. The Code of Criminal Procedure, 1898 (V of 1898), section 426 Before lodging of the FIR, the appellant deposited the amount for which he has been charged for misappropriation. The co-a...... till disposal of Criminal Appeal No. 179 of 1986 now pending in the High Court Division. Realisation of fine is also stayed till then. Ed. This case is also reported in: 42 DLR (AD) (1990) 52. ..Category: Criminal Law | Date: | Hits: 34
Shah Alam and ors. Vs. State, 1990, 19 CLC (AD)
....fted on to the road but he died within a short while. His dead body was then taken to his father-in-law's house. P.W.1 stated that they started for the P.S., (15/16 miles away) at midnight and lodged FIR (at 7 a.m.) upon reaching there. 33. Police accompanied the informant on way back to the vill...... doubt. In the result, therefore, I would dismiss this appeal. ORDER OF COURT By a majority decision the appeal is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 31 ..Category: Criminal Law | Date: | Hits: 52
Kawsarul Alam, S/o. late Haji Monsur Ali and ors. Vs. State, 1990, 19 CLC (AD)
....hen the appellant returned to the School at about 6 p.m. he requested him to return the excess money but the appellant refused to have received the same. P.W. 1 then returned to Thakurgaon and lodged FIR, Ext. 1 at Thakurgaon Police Station at about 9-30 p.m. On the next day P.W.1 learnt that the Po......t to the alteration of the conviction to one under section 403 Penal Code and reduction of the sentence to the period already undergone. Ed. This case is also reported in: 42 DLR (AD) (1990) 23 ..Category: Criminal Law | Date: | Hits: 44
Ashraf Ali Mondal & Others Vs. State, 1987, 16 CLC (AD)
....dents Judgment July 21, 1987. Result: The appeal is allowed. The Code of Criminal Procedure, 1898 (V of 1898), sections 339C & 497 The appellant no. 1 has not been named in the FIR for doing any overt act and also he has not been named in the dying declaration. There is appreh......sain be released on bail to the satisfaction of the Deputy Commissioner concerned till commencement of trial of Sessions Case No. 6/87. Ed. This case is also reported in: 42 DLR (AD) (1990) 08...Category: Criminal Law | Date: | Hits: 63
Mohammad Musa Vs. Kabir Ahmed & anothers, 1989, 18 CLC (AD)
....a words 'howla' and 'Jimma' clearly connote entrustment and not partnership. The previous instance of partnership, a sort of seasonal joint venture of buying and selling paddy, was mentioned in the FIR to show how the accused earned the complainant's confidence. After considering the evidence on r......lly proved. It was accepted by all the three Courts below. We find no reason to interfere in the matter. The appeal is dismissed. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 151 ..Category: Criminal Law | Date: | Hits: 44
Abdul Hakim @ Lokman Hakim Vs. State, 1989, 18 CLC (AD)
.... that declaration was disbelieved by the Court below the appellant is entitled to be acquitted on the ground of benefit of doubt. 8. In this case occurrence took place on 3rd September, 1979. The FIR was lodged on the same day at 4.00 P.M.P.W.9 Abdul Hamid Miah; Magistrate First Class recorded......ission of the offence alleged. 10. In the result, the appeal is dismissed. The judgment and order of the High Court Division are affirmed. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 126..Category: Criminal Law | Date: | Hits: 61
Abdul Quddus Vs. The State, 1991, 20 CLC (AD)
....t there was a disturbance in Bagendrapur village under Babunia and on getting this information he went to the place of occurrence. According to this witness the OC of Pabna Police Station took oral FIR from the informant and according to the dictation of the Officer-in-charge, the FIR Ext. I was...... of sentence, we find it very difficult to reduce the sentence of death to the lesser sentence of imprisonment for life. Accordingly, the appeal and the jail petition are dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 58
Alhaj Md. Serajuddowlah Vs. The State, 1991, 20 CLC (AD)
....r. Leave was granted to consider whether the High Court Division was justified in the facts and circumstances of the case in rejecting the application for quashing of the proceeding. 3. The FIR in the case was filed by one Md, Ataur Rahman, Inspector, DAB, Dhaka on 27.8.87. He himself inve...... the petitioner summarily. In the result, therefore, this appeal is allowed and the impugned proceeding pending in the Court of the Chief Metropolitan Magistrate, Dhaka is quashed. Ed. ..Category: Criminal Law | Date: | Hits: 57
State Vs. Khasru @ Syed Mostafa Hossain and another, 1991, 20 CLC (AD)
....Takerhat by bus at about 9-00/10-00 AM and reaching Sindhiaghat police outpost saw the dead body of his son which was then taken to Faridpur morgue for post‑mortem examination. PW 1 filed a written FIR to PW 22 SI Atior Rahman at Sindhiaghat Police outpost which was addressed to OC Muksudpur PS an......and went out saying that he was going to the bus stand with Khasru. 23. The learned Judges of the High Court Division considering this part of the evidence (except PW 3) observed that the three stories of taking away of the deceased by Khasru were so discrepant that it was difficult to place a..Category: Criminal Law | Date: | Hits: 38
Abdur Rahim @ ANM Abdur Rahim Vs. Enamul Huq and another, 1991, 20 CLC (AD)
....case in their own language, summarising them as concisely as possible. Vernacular materials are translated into the language in which the judgment is written. Same is the case with the narration of FIR, charge‑sheet, (where necessary) deposition of witnesses, etc. The learned Judges are re......it develops into an infectious practice we like to nip this unhealthy trend in the bud. The petition is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 34
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