IN THE SUPREME COURT OF BANGLADESH HIGH COURT DIVISION

(CRIMINAL MISCELLANEOUS JURISDICTION) Present

Mr. Justice Ashish Ranjan Das

And

Mr. Justice Md. Riaz Uddin Khan

Criminal Miscellaneous Case No. 46614 of 2022

IN THE MATTER OF :

An Application under Section 561A of the Code of Criminal Procedure

-And-

IN THE MATTER OF : Farid Khan

...Complainant-Petitioner

Versus

The State and others

...Opposite Parties Mr. Taposh Kumar Dutta, Advocate

...For the Petitioner

Mr. S.M. Asraful Hoque, D.A.G with

Ms. Fatema Rashid, A.A.G

Mr. Md. Shafiquzzaman, A.A.G. and

Mr. Md. Akber Hossain, A.A.G

...For the State

Heard on 05.02.2024 and Judgment on13.02.2024

Md. Riaz Uddin Khan, J:

Rule was issued calling upon the opposite parties to show cause as to why the judgment and order dated 16.03.2022 passed by the Sessions Judge, Narayanganj in Criminal Revision No. 136 of 2021 allowing the Revision and thereby discharging the accused-opposite party No.02 by setting aside the order dated 15.03.2021 passed by the Chief

Judicial Magistrate, Narayanganj in C.R. Case No. 1063 of 2018 (T.R. No. 46 of 2019) under sections 406/467/468 of the Penal Code, 1860 framing charge against the accused-opposite party No.02 should not be set aside and/or pass such other or further order or orders as to this Court may seem fit and

appropriate.

Succinct facts for disposal of this Rule are that the present petitioner as the complainant filed C.R. Case No. 1063 of 2018 before the Court of Chief Judicial Magistrate, Narayanganj, under sections 406/467/468 of the Penal Code against the accused-opposite party No. 2 contending inter alia that the complainant and the witness No. 2 Mizanur Rahman are siblings and members of a joint family. The accused-opposite party No. 2 became owner and

possessor of a quantum of the land measuring 09 decimals by way of purchase and mutated the same in his name. Then on 24.08.1993 the accused took loan from Uttara Bank Limited, Nitaiganj Branch, by mortgaging the said land. As the accused failed to repay the loan amount, the bank filed Artha Rin Suit No. 06 of 2001 and obtained decree on 23.03.2003. Thereafter the bank filed Artha Jari Case No. 48 of 2002 wherein the Artha Rin Adalat issued title certificate of the said land in favour of the bank and subsequently on 23.07.2007 the registration thereof was completed.

Suppressing the said facts, the accused in a fraudulent manner proposed to the complainant and his brother Mizanur Rahman to sell a quantum of land measuring 0470 ajutangsha along with 5 semi- pucca rooms against the consideration money amounting Tk. 30 lac and on 07.01.2009 the accused received Tk. 30 lac from the complainant and his brother namely Mizanur Rahman and thereby executed and registered saf-kabla deed No. 213/09 dated 07.01.2009 in favour of said Mizanur Rahman and handed over the possession thereof. Thereafter Mizanur Rahman got mutation of the said land vide mutation case No. 8429/2008-2009 dated 01.11.2009 and has been paying the rents thereof regularly. At one stage Uttara Bank Limited filed an application before the Assistant Commissioner (Land), Fatullah to cancel the said mutation and in this regard Mizanur Rahman, the sibling of the complainant, received a notice. Then the complainant on 18.09.2018 collected a copy of the said application for cancellation of the mutation and could learn about the details of the fraud, forgery and criminal breach of trust committed by the accused and hence the case.

The cognizance Court on 19.11.2018 on receiving the complaint examined the complainant- petitioner under section 200 of the Code of Criminal Procedure and took cognizance of the offence under sections 406/467/468 of the Penal Code. Subsequently the case was transferred to the

Chief Judicial Magistrate, Narayanganj and was also registered as T.R. No. 46 of 2019.

On 28.11.2019 the accused-opposite party No. 2 filed a discharge application under section 241A of the Code