LAWS(CAL)-2008-11-32

RUKBANUR RAHMAN Vs. CBI

Decided On November 18, 2008
RUKBANUR RAHMAN Appellant
V/S
CBI Respondents

JUDGEMENT

(1.) PLAYING the role of a Santa Claus, Shri Madhusudan Datta, learned vacation Judge of the City Sessions Court, Calcutta in Criminal Misc. Case no. 504 of 2008 showered all the bounties which were available within the ambit of section 439 Cr. PC.

(2.) NECESSARILY rerversing the order passed by Smt. Madhumita Roy, the learned Metropolitan Magistrate, Fourteenth Court, Calcutta in G. R. Case no. 2632 of 2008 whereby she took each of the opposite party Nos. 2, 3 and 4 into Custody by her order dated 30. 09. 2008, when the said opposite parties submitted themselves before her on 30. 09. 2008.

(3.) ELDER sibling of Rizwanur Rahman, whose unnatural death haunts the sceptre, Shri Rukbanur Rahman has come up before this Court invoking its jurisdiction under sub-section (2) of section 439 Cr. PC since he felt that the order passed by the learned Vacation Judge was not a just decision and the same was passed upon non-consideration of the material facts and was not legally sustainable.