MD. AFTAB UDDIN Vs. STATE

JUDGEMENT

(1.) This rule under section 561A of the Code of Criminal Procedure, 1898 (the Code) has been issued at the instance of the accused No. 3-petitioner calling upon the opposite parties to show cause as to why the impugned judgment and order dated 20.11.2001 passed by the learned Metropolitan Additional Sessions Judge, 1st Court, Dhaka in Metropolitan Criminal Revision No. 484 of 2001 upholding the judgment and order dated 16.09.2001 passed by the learned Chief Metropolitan Magistrate, Dhaka in Sutrapur Police Station Non F.I.R. Prosecution No. 295 dated 12.09.2001 under sections 495/497/109 of the Penal Code arising out of Sutrapur Police Station GD Entry No. 1254 dated 24.12.2000, should not be quashed and/or such other or further order or orders passed as to this Court may seem fit and proper.

(2.) The facts leading to filing of this application under 561A of the (the Code) briefly are that, one Ekramul Kabri filed a GD Entry at Sutrapur Police Station, being Sutrapur Police Station GD Entry No. 1254 dated 24.12.2000 and the police, upon investigation held with reference to the said GD, filed a non FIR prosecution against the accused petitioner and 2 others, recorded as Sutrapur Police Station Non FIR prosecution No. 295 dated 12.09.2001 under sections 495/497/109 of the Penal Code, alleging inter alia that, one Rokeya Begum, accused No.2, is the wife of Ekramul Kabir, the informant; that the accused No.2 without the consent of the informant got herself married with one Mr. Zakir Hossain, the accused No.1 and is living with him; that the accused No.3 has actively aided in these activities, that the accused No.2 even after her marriage cohabited with said Ekramul Kabir in his hotel suit on 16.09.2000.

(3.) On receipt of the said Non F.I.R. prosecution, the Chief Metropolitan Magistrate, Dhaka took cognizance against the accused persons under section 495/497/109 of the Penal Code and issued warrant of arrest by an order dated 16.09.2000 of the said court.