Thursday, November 23, 2017 10:39:21 PM
High Court Division
(Criminal Revisional Jurisdiction)
SM Mozibur Rahman J
Ziauddin Ahmed .....
State………… ..... . Opposite-Party
Code of Criminal Procedure (V of 1898)
Anti-Corruption Act (XXVI of 1957)
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.
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.
ZIMBABWE'S President Robert Mugabe resigned on Tuesday ending his 37-year rule of the African nation as independence leader from British colonial rule in 1980. He started as a hero but ended as a most unpopular despot through his years of misrule, repression of dissent, election rigging and quarrelling with the ...
Reuters, Beirut :Lebanon's Saad al-Hariri on Wednesday suspended his decision to resign as prime minister at the request of President Michel Aoun to allow for dialogue, easing a major political crisis.Hariri made his announcement after returning to Beirut on Tuesday night for the first time since his Nov. 4 shock ...
A new hairstyle can instantly turn around your look and even your day and actress Kriti Sanon is surely setting some hair goals. We are stunned by Kriti Sanon’s look, which combined the fun of braids with the elegance of blow-dried waves and some casuals at its best. Here’s a ...
Kapil Sharma is gearing up for his next movie Firangi which is all set to release on 1st December 2017. A historical period drama set in 1920. The movie is produced by Kapil Sharma’s production while it is directed by Rajiev Dhingra. As the movie is ready to release in ...
THE High Court ordered hospitals and clinics not to hold body of a deceased if his or her family fails to immediately pay the medical bill to release the body. It has also asked the Health Secretary and the Director General of the Directorate of Health Services to issue a ...
Reuters, Moscow :Russian President Vladimir Putin hosted Syrian leader Bashar al-Assad to talk about the need to move from military operations to the search for a political solution to Syria's conflict, the Kremlin said on Tuesday.Russia is actively trying to build an international consensus around a peace deal for Syria, ...
AFP, New Delhi :Five-time Grand Slam champion Maria Sharapova is under investigation in India for cheating and criminal conspiracy after the collapse of a luxury housing project that she endorsed, police and a lawyer said Tuesday.The firm behind the development is alleged to have taken millions of dollars from homebuyers ...
Janhvi Kapoor who is all set mark her Bollywood debut with Karan Johar’s Dhadak opposite Ishaan Khatter makes a dazzling entry at 48th IFFI 2017 in Goa. Janhvi was accompanied by her mother Sridevi and father Boney Kapoor. Janhvi looked elegant wearing Anamika Khanna lehenga choli. It is probably Janhvi’s ...
President M Abdul Hamid on Tuesday asked the members of Armed Forces to uphold their image at national and international levels by ensuing utmost professionalism. "Uphold the image of the armed forces . . . Help continue the country's ongoing development trend in the days to come," President's Press Secretary ...
MEDIA reports said an increasing number of poultry feed mills using dangerously toxic tannery wastes laced with poisonous chemicals as raw materials remain the biggest threat to public health. They are moreover flouting is a ban of the High Court for producing and marketing the toxic feed for animals which ...
Reuters, Moscow :Poised to run for a fourth term, President Vladimir Putin has started clearing out the old Russian political elite and says he's bringing in young people with "fire in their eyes."But a Reuters analysis shows that he has made limited progress so far.In the run up to March ...