Present:

Mr. Justice S M Kuddus Zaman

and

Mr. Justice A. K. M. Rabiul Hassan

Criminal Miscellaneous Case No.45791 of 2023.

Advocate Dev Dulal Das and others

.....Accused-Petitioners -Versus-

The State

… Opposite Party

Mr. A.B.M. Altab Hossain, Senior Advocate with

Mr. Arpan Chakraborty, Advocate

.... For the accused-petitioner Mr. Sujit Chatterjee, D.A.G with

Mr. Noor-Us-Sadik, D. A. G with

Ms. Moududa Begum, A. A. G with

Mr. Mirza Md. Soyeb Muhit, A. A. G. with

Mr. Zahid Ahmed (Hero), A. A. G

… For the State

Heard and Judgment on: 15.05.2024. S M Kuddus Zaman, J:

On an application under section 561A of the Code of Criminal Procedure this Rule was issued calling upon the opposite party to show cause as to why the proceedings of G. R. No.64 of 2022 arising out of Kotwali Police Station Case No.27 dated 22.02.2022 under sections 419/468/471 of the Penal Code, now pending in the Court of learned Metropolitan Magistrate, Court No.11, Dhaka so far as it relates to the petitioners should not be quashed and/or pass such other or further order of orders as to this Court may seem fit and proper.

Facts in short are that Mr. Rezwan Khandakar, Nazir of the court of Chief Metropolitan Magistrate, Dhaka lodged an ejahar on 22.02.2022 at 21:05 hours alleging that at 12:15 hours instead of

Nabab Khan an accused of Motijheel Police Station Case No.41(12)21 his employee Fahim filed hazira and stood in the suspect dock of the Court of learned Chief Metropolitan Magistrate. Above co-accused Fahim also produced in above court a forged wokalatnama and a petition for bail of Nabab Khan forging the signature of Nabab Khan. Above cheating and forgery were detected in the court room of the Chief Metropolitan Magistrate and accused Fahim made a confession to the learned Chief Metropolitan Magistrate immediately after above occurrence. Above Fahim also made a second confession to the Metropolitan Magistrate under section 164 of the Code of Criminal Procedure, 1898 on 28.02.2022 alleging that he committed above offence of personation on the ill advice of the petitioners.

On conclusion of investigation police submitted charge sheet against five accused persons including the petitioners under section 419/468/471/34 of the Penal Code, 1860 on 30.06.2022 and the learned Metropolitan Magistrate on consideration of materials on record and the submissions of the learned Advocates for respective parties framed charge against five accused persons including the petitioners under sections 419/468/471/34 of the Penal Code, 1860 on 30.04.2023.

Being aggrieved by and dissatisfied with the initiation of above proceedings three accused persons who are the Advocates and Members of the Dhaka Bar Association namely, Advocate Deb Dulal Bas, Advocate Md. Anwar Islam Chowdhury and Advocate Afroza Khatun @ Mrs. Afroza Khatun @ Dipa as petitioners moved to this court with an application under section 561A of the Code of Criminal Procedure, 1898 for quashment of above proceedings and obtained this rule.

Mr. A.B.M. Altab Hossain learned Senior Advocate for the petitioners submits that in above proceedings two forged documents, a wokalatnama and a petition for bail, were allegedly produced in the court of the learned Chief Metropolitan Magistrate by co-accused Fahim. As such this proceedings under section 468 and 471 of the Penal Code, 1860 involving above documents at the instance of a private individual namely Rezwan Khandakar was barred by section 195 (1C) of the Code of Criminal Procedure, 1898.

The learned Advocate further submits that co-accused Fahim an employee of accused Nabab Khan acted as an imposter and gave false hazira for his employer in the above court. The petitioners did not have any role in the commission of above cheating by personation. Co-accused Fahim confessed to have committed above cheating on the advice of an Advocate of the High Court Division. But none of the petitioners is an Advocate of the High Court Division. The petitioners are memb