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. 7051 of 2021

IN THE MATTER OF :

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

-And-

IN THE MATTER OF : Abul Kalam

...2nd Party-Petitioner Versus

Md. Abul Kashem and others

...Opposite Parties Mr. Sayed Ahmed Raza with

Mr. Amran Hossain, Advocates

...For the 2nd Party-Petitioner Mr. Ozi Ullah with

Mr. Mohammad Ruhul Quddus Patwary,

Advocates

…For the 1st Party-Opposite Party 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

Judgment on: 29.04.2024

Md. Riaz Uddin Khan, J:

Upon an application filed under section 561A of the Code of Criminal Procedure the opposite parties were asked to show cause as to why the impugned judgment and order dated 13.01.2021 passed by the learned Sessions Judge, Lakshmipur in Criminal Revision No. 90 of 2019 under section

439A read with section 435 of the Code of Criminal Procedure allowing the criminal revision by reversing the order dated 11.07.2019 passed by the Additional District Magistrate, Lakshmipur in Miscellaneous Case No. 800 of 2015 dismissing the case should not be quashed and/or such other or further order or orders should not be passed as to this Court may seem fit and proper.

At the time of issuance of Rule the parties were directed to maintain status-quo in respect of the possession and position of the disputed land.

Succinct facts for disposal of this Rule are that the opposite party as 1st party filed a complainant case alleging inter alia that the 1st

party has been possessing the land by way of inheritance for 20 years by way of partition through compromise. The schedule land was low land which was developed by the 1st party by filling earth. Then after getting permission from the Pourashava the 1st party made 4 semi pacca shops on the schedule land which had been rented to the witnesses no. 03-06. Recently the 2nd parties have been trying to take possession of the land forcibly by claiming fake ownership. On the date of occurrence the 2nd parties along with 7/8 unknown armed persons entered into the schedule land and tried to dispossess his tenants but the witnesses no. 03-06 raised an outcry and in the mean time the 1st party knowing the matter

went to the place of occurrence and with the help of the witnesses prevented them. On their hue and cry the local people came forward and protected the 1st party and the witnesses from the hands of the 2nd parties otherwise the 2nd parties would kill them. The 2nd parties failing to take possession leaved the place of occurrence threatening that they would come again for taking the possession of the land and if anybody tries to deter, then they would kill them. On such facts apprehending breach of peach the 1st party filed the instant complaint petition under section 144/145 of the Code of Criminal Procedure. The case was registered as Misc. Case No. 800 of 2015.

After receiving the complaint the Additional District Magistrate was pleased to call for a report from the Union Assistant Land Officer, Lakshmipur. On inquiry the Union Assistant Land Officer, Lakshmipur submitted a report before the Additional District Magistrate on 06.12.2015 stating that the 2nd party dispossessed the 1st party from a portion of disputed property after receipt of the notice from the court.

In the mean time, the 1st party filed an application under section 188 of the Penal Code before the learned Magistrate who directed the Officer-in-Charge, Lakshmipur Sadar police station to inquire into the matter by his order dated 18.11.2015. The Officer-in-Charge submitted

his report on 06.01.2016 stating similar finding that of Union Assistant Land Officer. Thereafter the learned Magistrate by his order date