Home Today's Paper Most Popular Video Gallery Photo Gallery
Subscription Blog Signin Register
Logo
Thursday, January 19, 2017 09:00:48 PM
Follow Us On: Facebook Twitter Twitter Twitter Twitter

Allegation of irregularities not enough ground for quashing case proceeding

By
27th-Aug-2016       Readers ( 229 )   0 Comments
Comments
Share your thought
Post a comment »
Read all (0) »


High Court Division
(Criminal Revisional Jurisdiction)
Bhabani Prasad
Singha J
SM Mozibur Rahman J
Judgment
September 10th,
2015.
Ziauddin Ahmed .....
.... Accused-Petitioner
vs
State…………    ..... . Opposite-Party
Code of Criminal Procedure (V of 1898)
Section 561A
Anti-Corruption Act (XXVI of 1957)
Section 3
Investigation by an ASI does not per se become without jurisdiction and a proceeding cannot be quashed mainly because there is  irregularity, if any, in the investigation. ….(10)
Md Abul Hossain vs State, 19 BLD (AD) 97 = 4 BLC (AD) 122 ref.
None appears-For the Petitioner.
Md Khurshid Alam Khan, Advocate-For the ACC.
Judgment
Bhabani Prasad Singha J : This Rule was issued calling upon the opposite party to show cause as to why the proceedings of Special Case No.4 of 1993 arising out of Bajitpur PS Case No. 9 (11) /87 GR Case No. 75(2)/87 under sections 420/468/478/109 of the Penal Code read with section 5(2) of the Anti-Corruption Act, 1947 pending in the Court of Additional Sessions Judge and Special Judge, Kishoreganj should not be set aside and/ or pass such other or further order or orders as to this Court may seem fit and proper.
2. The facts leading to this instant Criminal Revision case under section 561A of the Code of Criminal Procedure, 1898 are that on 28-11-1987 one Serajuddin Ahmed, Assistant Inspector DAB, Kishoreganj lodged a written First Information Report with Bajitpur PS, Kishoregonj alleging that the accused Afsar Ali Akanda on the strength of some false papers showed him as a primary school teacher of Saygoan Govt. Primary School, PS Bedarganj, Faridpur from 16-9-1978 to 16-9-1981 and he, on the strength of false transfer order of the DDPI, Dhaka Division to the effect that he has been transferred to Purakandi Govt. Primary School under Bajitpur PS and District Kishoreganj as an Assistant Teacher. He with his false Service Book, LPC and transfer order appeared before Ziauddin Ahmed, the then Thana Education Officer, Bajitpur, Kishoreganj who directed the Head Master concerned to accept his joining report. Accordingly, the accused Md Afsar Ali Akanda joined there and served there as an Assistant Teacher from 30-9-1981 to 31-7-1984 and drew Taka 16,028.62 in total as salary and allowances by adopting the means of forgery and cheating.
3. After investigation, charge-sheet was submitted against the accused-petitioner and others under sections 420/468/471/109/409/ 420 of the Penal Code read with section 5 (2) of the Anti-Corruption Act, 1947.
4. After submission of charge-sheet in this case, it was transmitted to the Senior Special Judge, Kishoregonj and was numbered as Special Case No.4 of 1993.
5. Being aggrieved by and dissatisfied with the impugned proceedings in Special Case No.4. of 1993, the accused-petitioner preferred the instant Criminal Revision under section 561A of the Code of Criminal Procedure and obtained the Rule.
6. No one appears on behalf of the accused-petitioner although the case appeared in the cause list for several dates.
7. Mr Md Khurshid Alam Khan, the learned Advocate appearing on behalf of the State submits that the revisional application under section 561A of the Code of Criminal Procedure has been filed agitating. that the investigation being conducted by an ASI, of police without obtaining sanction from the Bureau of Anti-Corruption and hence without jurisdiction; that the said point of agitation has already been decided by the Appellate Division in the case of Md Abul Hossain vs State reported in 19 BLD (AD) 97 = 4 BLC (AD) 122 and, as such, the question of sanction before taking cognizance does not arise at all. The learned Advocate further submits that there being no merit in the case, the Rule is liable to be discharged.
8. Heard the submission of the learned Advocate and perused the materials on record.
9. On perusal of the instant revisional application, it appears that the accused-petitioner has filed the instant revision on the grounds that although the accused-petitioner and others are public servant, without prior sanction from the Government proceeding against them is violative of section 5(2) of the Anti-Corruption Act, 1947; that the investigation of the case was taken out by an ASI of Police and, as such the impugned proceedings is liable to be quashed.
10.    It is worth mentioning that another Division Bench of High Court Division in Criminal Revision Case No. 202 of 1993 and Criminal Revision Case No. 1805 of 1992 arising out of the same case, discharged the Rules issued in aforesaid Criminal Revision Cases holding that no substance was found in the Rule relying on the case of Md Abul Hossain vs State reported in 19 BLD (AD) 97 = 4 BLC (AD) 122. Our Apex Court, in said case, held that in view of the provision of section 3 of the Anti-Corruption Act, 1947, the investigation held by an ASI of the Bureau of Anti-Corruption was not illegal and without jurisdiction.
Our Apex Court further held in the same decision that the investigation by an ASI does not per se become without jurisdiction and a proceeding cannot also be quashed mainly because there is irregularity, if any, in the investigation. We are in respectful agreement with the aforesaid decision of our Apex Court.
11. In the light of discussion made here-above, we find no substance in the Rule and, as such, it is liable to be discharged.
12. In the result, the Rule is discharged. The interim order passed at the time of issuance of the Rule stands vacated.
Let a copy of this judgment be transmitted down to the court concerned at once.

0 Comments. Share your thoughts also.
Write a comment
Tariff
Add Rate

News Archive

Inside The New Nation

Editorial »

Social forces are helpless for fighting corruption


While addressing a workshop titled "Our expectation and role in Preventing Corruption', the Director General of the Anti-Corruption Commission stressed on mobilisation and engagement of social forces to reduce corruption. When the responsibility is shifted to social forces, one must know how helpless these forces are. Social forces are not ...

Football »

AFC Wimbledon's Dean Parrett escapes the tackle of Sutton United's Kevin Amankwaah during the English FA Cup third round replay soccer match between AFC Wimbledon against Sutton United at Cherry Red Record Stadium in south west London on Tuesday.


Entertainment »

Ridhi Dogra hopes playing negative in Woh Apna Sa won’t typecast her


In an industry, where one role defines an actor's entire career, not allowing him or her show their versatility by making them stereotyped can be the scariest things to deal with. That’s exactly the concern of actor Ridhi Dogra too, ahead of the premiere of her new television show, Woh ...

International »

World needs China, US to have stable relationship : Xi


Reuters, Beijing :The world needs China and the United States to have a stable and cooperative relationship, Chinese President Xi Jinping told U.S. Vice President Joe Biden, just days before new uncertainty looms with Donald Trump taking office as president.Meeting on the sidelines of the World Economic Forum in Davos, ...

Editorial »

Merger of poorly run banks with stronger ones


AS per media report Finance Minister AMA Muhith has made the point that merger of poorly run commercial banks with stronger ones makes sense when they are struggling to survive and crowding without enough businesses. The country has too many banks not even justified by the size of the economy. ...

Sports »

Nadal overcomes Mayer to advance at Open


AFP, Melbourne :Rafael Nadal powered into the second round of the Australian Open with a commanding straight-sets win over Germany's Florian Mayer on Tuesday.The 14-time Grand Slam champion looked back to his healthy best after an injury-riddled 2016 as he beat the 49th-ranked Mayer 6-3, 6-4, 6-4 in just over ...

Football »

Maradona welcomed 'home' by Napoli fans for anniversary


AP, Italy :Even 30 years later, Diego Maradona remains revered in Naples.When he walked on stage at Naples' opera house on Monday, he was greeted by a roar of applause and cheers from the audience. It was as if he was back playing at San Paolo Stadium across town.The Argentine ...

Entertainment »

Don`t want to talk about my fall out with Kajol: Karan


Karan Johar has opened up about his fallout with friend Kajol in his autobiography, but the filmmaker says he does not want to speak on the same anymore and rather cherish the good memories he shared with the actress.The book, An Unsuitable Boy, reveals that Kajol and KJo’s friendship ended ...

Entertainment »

‘Partners in crime’ Akshay, Twinkle clock 16 years of marriage


Actor Akshay Kumar and his author-wife Twinkle Khanna clocked 16 years of their marriage on Tuesday. Twinkle says her husband is her ‘partner in crime.’ Twinkle shared a video on Twitter, where the duo is seen running towards each other. “16 years of trying to kill each other and we ...

City »

Public Administration Minister Syed Ashraful Islam visited different projects of the Designated Reference Institute for Chemical Measurements of Bangladesh Council for Science and Industrial Research at its conference room in the city on Tuesday.


International »

Growing list of Democrats boycotting Trump inauguration


AP, Washington :More than 30 House Democrats plan to boycott President-elect Donald Trump's inauguration on Friday, casting the Republican businessman as a threat to democracy.Reps. Steve Cohen of Tennessee, Jerrold Nadler of New York and Don Beyer of Virginia on Monday joined a growing list of lawmakers who will not ...

Editorial »

Problems of foreign medical students need urgent solution


AROUND 1,200 MBBS students of the University of Science and Technology Chittagong (USTC) face uncertainty, as Bangladesh Medical and Dental Council (BMDC) has refused to register them for the University's Violation of Admission rules, as per a report of a local daily.The USTC, a private institution, admitted around 400 students ...

Cricket »

Kohli, Jadhav centuries help India beat England


AFP, Pune : Skipper Virat Kohli and Kedar Jadhav hit blistering centuries to help India chase down 350 and stun England by three wickets in the first one-day international in Pune on Sunday.Kohli (122), who was leading the limited overs side for the first time, and Jadhav (120) put on ...

Football »

Real Madrid's Toni Kroos, right, and Sevilla's Vicente Iborra challenge for the ball during La Liga soccer match between Real Madrid and Sevilla at the Ramon Sanchez Pizjuan stadium, in Seville, Spain on Sunday.


Entertainment »

Dilruba Sathi passes seven years in her hosting career


Sheikh Arif Bulbon :Viewers’ choice popular host Dilruba Sathi has passed seven years of her career. From that point of view she has been passing ‘Lucky 7’ now. As a host, she started her career through a dance show on Bangladesh Television. Later her hosting in a special programme on ...

 
Items that you save may be read at any time on your computer, iPad, iPhone or Android devices.
 
Are you new to our website? Do you have already an account at our website?
Create An Account Log in here
Email this news to a friend or like someone
Email:
Write a comment to this news