ANOWARUL HUQ SABBIR Vs. STATE

JUDGEMENT

(1.) This petition for leave to appeal is directed against the judgment and order dated 29.10.2007 passed by the High Court Division in Criminal Revision No.859 of 2006 discharging the Rule affirming the order dated 15.05.2006 passed by the learned Special Sessions Judge and Jana Nirapatta Bignokari Aparad Daman Tribunal, Barisal in Special Case No.11 of 2002 under Sections 167/109 and 220/109 of the Penal Code read with Section 5(2) of Act II 1947 rejecting the petition filed by the petitioner under Section 241A of the Code of Criminal Procedure.

(2.) The short facts giving rise to the present petition are as under:-

(3.) The respondent No.2 A.B.M. Kamrul Ahsan (Nihad) filed a petition of complaint in the court of the learned Senior Special Judge, Barisal against the petitioners and 3 others alleging, inter-alia, that accused-petitioners are his cousin (Mamato Bhai). His maternal grandfather Md. Shamsuddin Talukder has multistoried building in Hatkhola and Kawnia at Barisal Town and also had Pharmaceutical Industry namely Indo Bangla Pharmaceuticals Limited at College Road. There are 4 storied residential buildings within pharmaceuticals compound. Azizul Haque, father of accused petitioners was the eldest son of Md. Shamsuddin Talukder. Azizul Haque used to look after the business and taking the advantage he created papers fraudulently for grabbing the business establishments. Azizul Haque died in the year 1999 and accused petitioners took charge of the business of their father. Distance arose between accused-petitioners in one side and their grand father Shamsuddin Talukder on another side over business and Shamsuddin Talukder started case being no G.R. No. 121 of 2000 against the accused-petitioners and the case was pending in the Court of Additional District Magistrate, Barisal and the case was fixed on 13.12.2000 and accused-petitioner No.2 though did not appear but obtained bail by false personification. Samsuddin Talukder filed an application under Sections 195 and 476 of the Code of Criminal Procedure against the accused-petitioners and as a result accused-petitioners became furious against their grand father. Mizanur Rahaman son of Shamsuddin Talukder instituted suits being Title Suit Nos.165 of 2000 and 33 of 2001 impleading accused petitioners and other as defendants in the suit. The complainant and his father always used to raise protest against the activities of accused-petitioners for which the accused-petitioners tried to humiliate the complainant and his father in the estimation of the public and with that end in view influenced accused Nos.1 and 2.