In The Supreme Court of Bangladesh

High Court Division

(Criminal Miscellaneous Jurisdiction)

PRESENT:

MR. JUSTICE ABU TAHER MD. SAIFUR RAHMAN

AND

MR. JUSTICE KHANDAKER DILIRUZZAMAN

CRIMINAL MISCELLANEOUS CASE NO. 39036 OF 2018

Md. Amjad Ali........….…...Accused petitioner

-Versus-

The State.….....Opposite party

None appears.........For the accused petitioner Ms. Salina Akter Chowdhury, Advocate

…For the opposite party No. 2 Mr. Imran Ahmed Bhuiyan, DAG with

Mr. Mehadi Hasan (Milon), AAG and

Ms. Aleya Khandker, AAG

........For the state

Heard and judgment on: The 10th of August, 2023 ABU TAHER MD. SAIFUR RAHMAN, J.

This Rule was issued on an application filed by the accused petitioner under section 561A of the Code of Criminal Procedure, 1898 calling upon the opposite parties to show cause as to why the judgment and order dated 29.11.2017 passed by the learned Metropolitan Sessions Judge, Chattogram in Criminal Revision No. 294 of 2017 rejecting the same and thereby affirming the order dated 21.03.2017 passed by the learned Chief Metropolitan Magistrate, Chattogram in C.R. Case No. 1808 of 2012 framing of charge against the accused petitioner under

sections 420 /467 /468/ 469/ 471/ 109 of the Penal Code now pending in the Court of learned Chief Metropolitan Magistrate, Chattogram should not be quashed and/or such other or further order or orders passed as to this Court may seem fit and proper.

At the time of issuance of the Rule, the Court was pleased to stay all further proceedings of the aforesaid C.R. Case No. 1808 of 2012 for 6 (six) months from the date which was time to time extended by the Court.

For disposal of the Rule, the relevant facts may briefly be stated as follows:

That the opposite party No. 2 as complainant filed a C.R. Case No. 1808 of 2012 against the accused petitioner and others under sections 420 /467 /468 /469 /471 /109 of the Penal Code alleging inter alia that the scheduled property is a waqf estate created by his grandfather late Kudrat Ali vide a registered deed No. 3028 dated 26.11.1942. The accused petitioners were also heirs of said Kudrat Ali. The accused petitioner claimed that he has been appointed as Motuwalli by the waqf administrator. After that, the complainant's opposite party filed an application before the waqf administrator for cancellation of the appointment of said Motuwalli under section 32 of the Waqf Act. During the hearing of the said application, the accused petitioner submitted a waqf deed which is claimed to be as forged deed. Hence, the aforesaid case was filed against the accused petitioner under sections 420 /467 /468 /469/ 471/ 109 of the Penal Code. Thereafter, the accused petitioner duly appeared before the Court below and obtained bail. Subsequently, the charge was framed against the accused petitioner vide its order dated 21.03.2017. As against the said order, the accused petitioner preferred a Criminal Revision No. 294 of 2017 which was rejected vide its judgment and order dated 29.11.2017 and thereby affirming the order of framing charge passed by the trial Court. Being aggrieved, the accused petitioner has preferred this application before this Court under section 561A of the Code of Criminal Procedure for quashing the impugned judgment and order dated 29.11.2017 passed in Criminal Revision No. 294 of 2017 and obtained the instant Rule and stay.

No one appears for the accused petitioner to support the Rule. However, the accused petitioner has stated in his application that earlier the complainant opposite party No. 2 as plaintiff filed a suit for declaration of title being Title Suit No. 132 of 2012 regarding the waqf estate in question which is still pending in the Court of Joint District Judge, 2nd Court, Chattogram and as such the instant proceeding is barred by law under section 195(1)(C) of the Code of Criminal Procedure.

Ms. Salina Akter Chow