DISTRICT: DHAKA

IN THE SUPREME COURT OF BANGLADESH

HIGH COURT DIVISION

(CRIMINAL MISCELLANEOUS JURISDICTION)

CRIMINAL MISCELLANEOUS CASE NO.             OF 2007

IN THE MATTER OF:

An application under Section 561A of the Code of Criminal Procedure to quash the proceedings.

A N D

IN THE MATTER OF:

X

Son of Y

Of Address

……… Petitioner

(On Bail)

- Versus -

The State

……………….. Opposite Party

A N D

IN THE MATTER OF:

The proceedings of Special Case No. 27 of 2007 filed under sections 5(2) of the Prevention of Corruption Act, 1947, Section 161 and 109 of the Penal Code now pending before the learned Sessions and Special Judge, Court No. 2, Dhaka.

To

Mr. Justice Md. Ruhul Amin, the Honourable Chief Justice of Bangladesh and his Honourable companion Justices of the said Honourable Supreme Court.

The humble Petition on behalf of the Petitioner above named most respectfully.

S H E W E T H:

1.                  That this application made under Section 561A of the Code of Criminal Procedure at the instance of the Petitioner is filed for quashing the proceedings of Special Case No. 27 of 2007 filed under sections 5(2) of the Prevention of Corruption Act 1947, Section 161 and 109 of the Penal Code (“Impugned Proceedings”), now pending before the learned Sessions and Special Judge, Court No. 2, Dhaka.

2.                  That the Petitioner is a highly respected person and a law abiding citizen of the country.

A copy of the Petitioner’s Curriculum Vitae is annexed herewith and marked as ANNEXURE-A.

3.                  That the Petitioner became aware of the Impugned Proceedings from the First Information Report (“FIR”) dated 31 March 2007. It appears from the FIR that one Md. Shafiqul Islam, Deputy Director, Anti Corruption Commission has filed the FIR under sections 5(2) of the Anti Corruption Act 1947, Sections 26 and 27 of the Anti Corruption Commission Act 2004 and Section 109 of the Penal Code against the Petitioner on 21 March 2007 at Dhanmondi Police Station (Police Station Case No. 70 (3) of 2007).

Certified copy of the FIR is annexed herewith and marked as ANNEXURE-B.

4.                  That pursuant to the FIR, Charge Sheet was submitted on 04 June 2007 under  Sections 5(2) of the Anti Corruption Act 1947, Section 161 and 109 of the Penal Code alongwith section 15 of Joruri Khamata Bidhimala 2007. It appears from the Charge Sheet that although in the FIR Sections 26 and 27 of the Anti Corruption Commission Act 2004 were included; however in the Charge Sheet these two sections have been deleted. And Section 161 of the Penal Code alongwith section 15 of Joruri Khamata Bidhimala 2007 have been included.

Certified copy of the Charge Sheet is annexed herewith and marked as ANNEXURE-D.

5.                  That the FIR, and the Charge Sheet inter alia state as follows:…………………………………………….

6. That with regard to the Petitioner’s case, it appears from the FIR and Charge Sheet that the Petitioner has been only been accused of …………………………………………. in commission of the crime.

7. That in fact, it is clear from the FIR and Charge Sheet that no witnesses have stated that ………………………….

8.                  That it is respectfully submitted that …………………………… Hence the Impugned Proceedings is liable to be quashed.

9.                  That it is respectfully submitted that the Petitioner …………………. Therefore she cannot be implicated in this alleged offence.

10.              That it is respectfully submitted that ………………..

11.              Being aggrieved by and dissatisfied with the instant Impugned Proceedings the Petitioner moves this application on the following amongst others:

G R O U N D S

I.                    For that …………………………….. Hence the Impugned Proceedings is liable to be quashed

II.                 For that on the plain  reading of the entire FIR and the Charge Sheet there is no case made out against the Petitioner and as such the continuation of the Impugned Proceedings against the Petitioner is an abuse of the process of the law and as such liable to be quashed.

III.               For that there is apparent contradiction in the FIR and the Charge Sheet and hence the Impugned Proceedings is liable to be quashed.

IV.              For that as the Petitioner is a highly respected person and an eminent citizen of the country, therefore the Government has initiated this case only to damage his reputation, personal life and also goodwill as such the whole Impugned Proceedings are liable to be quashed.

V. For that the Petitioner has never committed any criminal offence. He is an aged respectable man of 61 years with a serious life threatening medical condition.

VI. For that the allegations made in the Impugned Proceedings are so preposterous that even on the admitted facts no case stands against the Petitioner and as such the proceedings are an abuse of the process of the Court which and liable to be quashed.

VII. For that the Impugned Proceedings are malafide and collusive in that the Complainant has wrongly and illegally brought the said Impugned Proceedings hence it is liable to be quashed.

Wherefore, it is most humble prayed that your Lordships would graciously be pleased pass the following orders:

(i)    to issue a Rule calling upon the Opposite Party to show cause as to why the proceedings of Special Case No. 27 of 2007 filed under sections 5(2) of the Anti Corruption Act 1947, Section 161 and 109 of the Penal Code alongwith section 15 of Joruri Khamata Bidhimala 2007 now pending before the Special Sessions Court No. 2. shall not be quashed,

(ii)        show cause, if any

(iii)   call for the records and after hearing the parties make the Rule absolute and/or pass such other or further order or orders as to your Lordships may deem fit and proper.

A N D

Pending disposal of the rule all further proceedings of Special Case No. 27 of 2007 filed under sections 5(2) of the Anti Corruption Act 1947, Section 161 and 109 of the Penal Code alongwith section 15 of Joruri Khamata Bidhimala 2007 now pending before the Special Sessions Court No. 2 may kindly be stayed.

And for this act of kindness, your Petitioner as in duty bound shall ever pray.

A F F I D A V I T

I, ………………………………, son of …………………… of…………………………, aged about …. years, by faith Muslim, by occupation ………………, by nationality Bangladesh do hereby solemnly affirm and say as follows.

1. That I am the petitioner of the case and I am fully conversant with the facts and circumstances of the case.

2.                  That the statements made above are true to my knowledge and belief.

Prepared in my office:

COMMISSIONER OF AFFIDAVITS

SUPREME COURT OF BANGLADESH

HIGH COURT DIVISIO N, DHAKA

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