Professional Documents
Culture Documents
Abdul
Hannan
ali
as
Pichi
Hannan son of .
Accused petitioner
(In jail)
Versus
The state
opposite party.
And
In the matter of :
The order dated 26.08.2014 passed by
the
leaned
Chief
Metropolitan
386
of
the
Penal
Code
SHEWETH:
1.
one Nedia Chowdury lodged a First Information Report (FIR) to the Officerin-Charge of the Police Station, Shabbag Dhaka, alleging inter alia that at
about 6.35 p.m. she along with her friends went to the Shahid Minar
premises for taking light refreshment. At that time three unknown
miscreants with a sharp cutting knife compelled them to handover their
vanity bags and wrist watches to them under threat. Then they raised a cry
and hearing their cry her class mates and other people rushed to the place
of occurrence. Some of them chased the accused persons and witness
Masrur caught hold of the petitioner. The petitioner confessed his guilt and
disclosed the names of two other accused persons namely Kala Jahangir
and Mridul. The accuseds persons have extorted valuable articles
amounting to Taka 1,02,000.00. She recognized the arrested person and
other accused by the day light and narrated the occurrence to the
witnesses. The witnesses also saw the occurrence and heard about the
occurrence. There after she along with her classmates took the arrested to
the Police Station and lodged the FIR.
2.
That after receiving the FIR the Officer-in-Charge of the Police Station
started
Shahbag
Police
Station
(PS)
Case
No.1
dated
25.08.2014
corresponding to GR No. 5 of 2014 under section 386 of the Penal Code and
one Mr. A. Halim, Sub-Inspection of Police took up the investigation in to
the case.
3.
absolutely false, concocted and malafide. The actual name of the petitioner
is Md. Abdul Hannan and he is a worker of Toba Garments Industries. On
the date of occurrence he came to the Shaheed Minar premises to attend a
protest meeting organized by the Garments Workers Association. He came
in a group in a bus but after the meeting was over, he missed the bus. He
has been falsely implicated in this case on mere suspicion.
4.
That the witness Masrur and some of his friends under threat and
coercion compelled him to admit the guilt and to disclose the name of two
other persons who are the neighbors of Masrur with whom he has
boundary dispute.
5.
That the case is now pending before the Court of Chief Metropolitan
Magistrate, Dhaka, and till today the investigating officer did not submit
the report under section 173 of the Code of Criminal Procedure.
7.
That according to the National ID card and S.S.C Certificate the age
8.
GROUNDS
I.
For that the accused petitioner is quite innocent and he has been
For that at the alleged time of occurrence it was dark and the
For that according to the National ID card and the certificate issued
by the General Manager of Toba Garment, the name of the petitioner is Mr.
Abdul Hannan and his age is 28 years.
IV.
For that the prosecution case is very much doubtful in view of the
fact that the complexion of the petitioner is fair whereas the informant and
the other victim have stated that the complexion of the offenders is dack.
V.
For that the petitioner did not make any statement confessing his
guilt and under the threat and coercion of witness Masrur Bin Ansari, he
was compelled to disclose the name of two person with whom Masrur Bin
Ansani has land boundary dispute.
VI.
the only adult male and earning member of his family and due to his
detention in jail custody, the members of his family are is distress
condition.
VII.
the
application,
notify
the
And for this act of kindness the petitioner as is duly bound shall ever pray.