ALHAJ MD. MAHTAB HOSSAIN MOLLA Vs. STATE

JUDGEMENT

(1.) Let the supplementary affidavit form part of the main petition.

(2.) Rule was issued in the case calling upon the opposite parties to show cause as to why the judgment and order dated 25.06.2015 passed by the learned Additional Sessions Judge, Barguna in Criminal Revision No. 69 of 2014 allowing the aforesaid Revision and thereby reversing the order dated 02.06.2014 passed by the learned Executive Magistrate, Barguna Sadar Police Station to recover the Car being No. Dhaka Metro-CHA-13-5455 from the accused petitioner and hand over the Car to the complainant opposite party, now pending in the court of the learned executive Magistrate, Barguna, Sadar Barguna should not be quashed and /or such other or further order or orders be passed as to this court may seem fit and proper.

(3.) The prosecution case in short is that on 24.03.2014 one Md. Abdur Rahim made a petition of complaint before the Executive Magistrate, Barguna alleging inter alia that he purchased a car being No. Dhaka Metro-Cha 13-5455 through Bank. The witnesses No. 01 helped him in releasing the car from the bank. A sum of Taka 2,04,000/- (two lac four thousand) is still due to the bank. The accused hired the car at a rent of Taka 60,000/- (sixty thousand) per month from the complainant. Accordingly he handed over the car to the accused on 02.11.2013 that the witnesses No. 02 is the driver. On 02.02.2014 he brought the car to his house located at Town Hall Sarak, Barguna. The accused snatched away the car and kept the same in his possession and the accused caused irreparable loss to the complainant by the keeping the same in his possession. On the basis of this complaint M.P case being No. 211 of 2014 under section 98 of the Code of Criminal Procedure was initiated.