MD. NAZRUL ISLAM Vs. STATE

JUDGEMENT

(1.) By this application under section 561A of the Code of Criminal Procedure, the petitioner seeks to quash the proceedings of Special Case No. 11 of 2001, arising out of Kotwali Police Station Case No. 12(7)95, corresponding to G.R. No. 356(2)95, under sections 409, 419, 420, 467, 468, 471 and 109 of the Penal Code together with section 5(2) of the Prevention of Corruption Act, 1947 (Act II of 47) now pending in the Court of Special Divisional Judge, Mymensingh. At the time of issuance of the Rule on 23.03.2004, all further proceeding of the aforesaid case was stayed for a period of four months. Subsequently, by order dated 19.07.2004, the order of stay was extended till disposal of the Rule. Dr. Chowdhury Ishraq Ahmed Siddiky, the learned Advocate appears on behalf of the petitioner in support of the Rule, while Mr. Md. Fazlur Rahman Khan, the learned Deputy Attorney General (briefly, the DAG) appears in opposition to the Rule. Relevant facts necessary for disposal of the Rule are that on 20.12.1994, an FIR was lodged by the Executive Engineer, Sales and Supply Division 1, Mymensingh stating, inter alia, that the Resident Engineer, Purbadhala Electric Sales and Supply Section, Power Development Board (briefly, PDB) sent a letter dated 20.11.1994 to him (i.e., the informant) asking for some electric goods and machineries, which was forwarded to the concerned authority for taking necessary action. The said goods and machineries were sent to the informant, who, in turn, handed them over to the accused petitioner through the lineman of his office on 21.09.1995.