law subject: Criminal procedure code&drafting

Criminal procedure code&drafting.

Question: What are the different ways of filing criminal case?

Answer: There are two ways of filing criminal cases viz;

(1) C.R. Case- Complaint Registrar Case.

(2) G.R. Case- General Registrar Case.

C.R. Case: In drafting a complaint petition.

Question: How to draft a complaint petition in a case of grievous hurt?

Complaint petition

In the court of Judicial Magistrate of the First class Dhaka.

C.R. Case No 15 of 2008.

Date of occurrence: 15/1/2008 at 15 hours.

A case under section 147/148/326/34 of Penal Code.

Abdur Rahman, S/O hate Abdul Ali of village kobi Para, P.S. Saver, district Dhaka………………..Complainant.

VERSUS

Vs.

(1) Ismile.

(2) Sujon.

(3) Matin. All sons of Abdul Mothalib all of village Sonatangar, P.S. Haziribag, district Dhaka………………………Accused.

Name of the witnesses:-

(1) Zahir S/O Karim, village of Zigatala, P.S. Mohhammed pur, District Dhaka.

(2) Shamim S/O Mofiz, village of Zigatala, P.S. Mohhammed pur, District Dhaka.

(3) Rafique S/O Modon, village of Zigatala, P.S. Mohhammed pur, District Dhaka.

(4) Raton S/O Kabir, village of Zigatala, P.S. Mohhammed pur, District Dhaka.

(5) Rajon S/O Farid, village of Zigatala, P.S. Mohhammed pur, District Dhaka.

The humble Petition of the complainant above named big most respectfully.

SHEWETH:-

1. That the complainant is a peace-loving person and he has a business establishment in local Bazar.

2. That the accused are turbulent people of the locality and they have engaged in various anti-social activities.

3. That on the above mentioned date and time the complainant has been coming back home after closing his shop from the local Bazar and all on a sudden the accused stopped the road of the complainant and demanded Cash money from him . The Complainant refused to give them money and the accused started beating the complainant up and all the accused started punching the complainant indiscriminately. At one stage accused Smile brought out a knife from his pocket and gave a blow in the chest of the complainant. This caused profuse bleeding and a grievous hurt. The complainant fell down on the ground and afterwards he was taken to local hospital for treatment.

4. That the accused with a common object attacked the complainant and injured him using sharp cutting weapons and thereby they have committed an offence punishable under section 147/148/326 and 34 of the Penal Code, which is triable in this Honorable Court.

5. That the complainant being law-abiding person filed complaint against the accused.

Wherefore, it is humbly prayed that your honour would

graciously be pleased enough to take “Cognigance under”

Section 147/148/326 and 34 of the Penal Code against

accused and issue non-bailable warrant of arrest

against Them.

And

For this Act of your kindness the complainant as induty

Bond shall ever pray.

Sugnature: Abdul Rahman

Verification.

I do hereby verify that the complaint petition was drafted in

My Chamber and the complaint has put, his signets at his

Own accord knowing full contents of it.

Md. Asaduzzaman

Advocate

15/1/2008.

v Presenting the complaint petition after the complainant has to be taken to the court by the magistrate and he has to be examining under section 200 of the Criminal Procedure Code.

v Law-Rules and Regulation-Produce- justice- to give every body due.

Application for bail

Question: How to draft an application for bail to be submitted be-fore the Court of Magistrate?

In the Court of Judicial Magistrate, First Class Dhaka.

C.R. Case No 15 of 2008.

Abdul Rahman…………………………….Complaintant.

VS.

Ismile and others………………………..Accused.

In the matter of an application under section 497 of the

Cr.P.C for bail.

And

In the matter of:-

(i) Ismile.

(ii) Sujon.

(iii) Matin. All sons of Abdul Motaleb of village sonatangar, P.S Hazaribag, District Dhaka ……………………Accused.

The humble petition of the petitioners above named beg most respectfully-

SHEWETH:-

(1) That the petitioners are innocent and their harmed have falsely been implicated in the case out of previous grudge and enmity.

(2) That the petitioners are respectable people of the locality and they have honourable means of their livelihood.

(3) That the petitioners have their own houses and they have been living there with their respective families.

(4) That the petitioners will never measure the privilege of bail and they will never be absconding.

(5) That the petitioners are ready and willing to furnish adequate bond and security if they are allowed to go on bail.

(6) That other ground will be submitted verbally at the time of gearing of this application.

Wherefore, it is humbly prayed that your honour would

graciously be pleased enough to grant the petitioners bail in

the above noted case.

And

For this act of you kindness, the petitioners are in duty

bound, shall every pray.

Sd. Abdul Razzaque.

AFFIDAVIT

I Abdul Razzaque c/o Shahin Alom of village Sonatangar P.S. Hazaribag, District Dhaka aged about 42 years a Muslim by fait a cultivator by profession a citizen of Bangladesh by birth do hovels solemnly affirm and declare as follows:-

(1) That I am the full brother of the petitioners and I am fully aware of the case and therefore competent to swear this affidavit.

(2) That the statements made in paragraphs 1 to 6 are true to the best of my knowledge and belief.

(3) That I severe and sign this affidavit at my own accord downing full contents of it.

Sd. Abdul Razzaque

Deponent

I certify that the deponent is personally known to me

and he has put his signature in my presence.

District: Comilla

IN THE SUPREME COURT OF BANGLADESH HIGH COURT DIVISION

(Criminal jurisdiction)

Criminal Miscellaneous case no 15 of 2008

IN THE MATTER OF: An application under section 497 of

Cr.P.C for bail in C.R. case no 20 of 2008, now pending

before the court of chief judicial magistrate, Comilla for

trial.

AND

IN THE MATTER OF: An application against the order of

rejection passed by the learned Sessions Judge Camilla on

15/30/2008 is criminal miscellaneous case no 20 of 2008.

AND

IN THE MATTER OF:

(iv) Ismile.

(v) Sujon.

(vi) Matin. All sons of Abdul Motaleb of village sonatangar, P.S Hazaribag, District Dhaka ……………………Accused petitioner.

(NOW IN JAIL).

VERSUS

THE STATE……..complaint opposite party.

Mr. Justice Md. Ruhol Amin honourable chief justice of Bangladesh and his companion justices of the said Honourable Court. The humble petition of the petitioners above named beg most respectfully-

SHEWETH:

1. That the complainant ledged a C.R. case against the accused petitioner alleging inter alia. The petitioners demanded an amount of money to the complainant and the complainant refused to pay money and the petitioners had beaten him up causing grivious injury. (Certified copy of the complaint petition is annexed herewith and marked as ANNEXURE “A”).

2. That the accused petitioner voluntarily surrendered before the court of learned chief judicial magistrate and prayed for bail. But learned magistrate without appreciating the materials as record rejected the prays for bail. (Certified copy of order sheet dated 15/12/2007 is annexed herewith and marked as ANNEXURE “B”).

3. That the petitioners thereafter moved before the court of learned Session Judge and filed an application for bail. But the learned session judge without applying his legal mind in the prevailing circumstances rejected the prays for bail. (Certified copy order sheet of criminal miscellaneous case no 20 of 2008 is annexed herewith and marked as ANNEXURE “C”).

4. That being aggrieved by and dis-satisfied with the impugned order passed by the learned session judge the petitioners move before lordship and tile the application with a prayer for bail on the following amongst other.

GROUNDS

(I) For that the petitioners are innocent and they did not commit any offence whatsoever.

(II) For that the petitioners are law abiding citizen of the locality and they have never been involved in any criminal activities.

(III) For that the petitioners have their honourable means of income and they are living with their respective families is their own homes.

(IV) For that the petitioners are willing and ready to furnish adequate bond and security, if they are allowed to go on bail.

(V) For that the petitioners will never abscond and they will never misuse the trust of the bail.

(VI) For that the petitioners will never hamper with the evidence of the case.

(VII) For the petitioners are only earning members in their respective families and the members are the families will be is starvation in their absence.

(VIII) For that other grounds will be submitted verbally at the time of hearing of this application.

Wherefore, it is most humbly prayed that your lordship

would graciously be pleased enough to issue Rule NISI

calling upon the opposite party to show cause as to why

the petitioners should be enlarge on bail as prayed and

after hearing the parties make the rule absolute and

allow the petitioners to go on bail.

AND

Pending disposed of the rule the petitioners may kindly

be enlarged an ad-interim bail.

AND

For this act of your kindness, the petitioners as in duty

bond shall ever pray.

Sd. Deponent.

Certificate.

Advocate

AFFIDAVIT

In the court of session, Dhaka.

Criminal Misillernious Case No 15 of 2008.

In the matter of:-

An application under section 497 of the code of Criminal

Procedure for bail in C.R Case No 15 of 2008 now pending

before the court of Judicial Magistrate Saver Dhaka.

And

In the matter of :-

(vii) Ismile.

(viii) Sujon.

(ix) Matin. All sons of Abdul Motaleb of village sonatangar, P.S Hazaribag, District Dhaka ……………………Accused petitioners.

VERSUS

(1) Abdul Rahman……complainant opposite party.

The himble petition of the accused petitioners above named beg most respectfully.

SHEWETH:-

(1) That the complainant lodged a complaint alleging, inter ail, that the accused demanded an amount of money and the complainant refused to pay the same and the accused beaten him up causing gricvous injuries. (Certified copy of complaint petition is annexed herewith and marked as ANNEXURE “A”).

(2) That the accused petitioners voluntarily surrendered before the Court of Judicial Magistrate, Saver, Dhaka on 15/12/2007, and prayed for bail. But the learned court of Magistrate was pleased to reject the application and remanded the accused to jail custody. (Certified copy of order sheet dated 15/12/2007 is annexed herewith and marked as ANNEXURE “B”).

(3) That thereafter the accused petitioners move before your honour and pray for bail on the following amongst others-

GROUNDS

(I) For that the accused are innocent and they did not commit any offence whatsoever.

(II) For that the accused are law abiding Citizen of the locality and they have honourable means of livelihood.

(III) For that the accused have their own home where they have been living with their respective families.

(IV) For that the accused will never abscond or misuse the privilege of bail.

(V) For that the accused are ready and willing to furnish adequate bond and security if they are enlarged on bail.

(VI) For that the accused will appear before the court regularly when they are directed to do it.

(VII) For that other grounds will be submitted verbally at the time of hearing of this application.

Wherefore, it is humbly prayed that your honour would

graciously be pleased enough to admit this petition, call

for the record from the court of Judicial Magistrate,

notify the opposite parties and after hearing the parties

allow the petitioners to go on bail.

And

Pending hearing of this application the accused

petitioners may kindly be granted an ad-interim bail.

And

For this act of your kindness, your humble petitioners

are as in duty bound, shall ever pray.

Sd-

Deponent

AFFIDAVIT

(4) That I am the full brother of the petitioners and I am fully aware of the case and therefore competent to swear this affidavit.

(5) That the statement made in paragraphs 1 to 3 and the grounds stated therein, are true to the best of my knowledge and belief.

(6) That I sivear and sign this affidavit at my own accord dnowing full contents of it.

Sd. Abdul Razzaque

Deponent

I certify that the deponent is personally known to me

and he has put his signature in my presence.

THE SUPRIME COURT OF BANGLADESH HIGH COURT DIVISION

(SPECIAL ORIGINAL JURISDICTION)

WRIT PETITION NO 15 OF 2008

IN THE MATTER OF: An application under article 102 of the

constitutuion of the Peoples Republic of Bangladesh.

AND

IN THE MATTER OF:

1. Md Rashid Uddin S/O Mr. Mofiz Uddin. An associate protessor of medicin, Mitfort Hospital, Dhaka………………………..Petitioner.

VERSUS

1. The secretory, ministry of Heal Government, of Bangladesh.

2. Director General of Health, Directorate of Health, Government of Bangladesh………opposite parties.

AND

IN THE MATTER OF : To issue a direction to the opposite

Parties to execute the public service commission taken in

their meeting held on 15/12/2007, communicated to the

respondent party NO.1 vidememo, NO.205(2) dated 11/01/08.

Mr. Justice Md. Ruhul Amin Honourable chief Justice of Bangladesh and his companion Justices of the said Honrable Court.

The himble petition of the above named petitioner begs most respectfully-

SHEWTH:-

1. That the petitioner passed M.B.B.S degree in year 1975 and after grualitying civil service Examination of 1978 joined as Medical officer on 15/10/1977 in the Sylhet Medical Collage and Hospital. (The copy of joining litter dated 10/10/1977 bearing memo no 150(3) is annexed “A”)

2. That the petitioner had been working as medical officer with all reputation for last 20 years and there is no adverse comment in his annual confidential report. The petitioner was duly promoted as Associate Professor of medicine on 15/10/2003. (The copy of notfication of promotion on 10/10/2003 is annexed herewith and marked as ANNEXURE”B”).

3. That the concerned rule for promotion to the post of professor reguires 20 years of length of service including two years as an Associate Professor of medicine (A photo copy of concerned rule is annexed herewith and marked as ANNEXURE “C”).

4. That a notification of the public service commission was advertised showing a situation of professor of medicine was vacant. (Press cutting of the advertisement is annexed herewith and marked as ANNEXURE “D”).

5. That the petitioner accordingly applied for the post of Professor as he acquired all required qualification for promotion as professor from amongst the associate professor. (A photo copy of the application is annexed herewith ANNEXURE “E”).

6. That public service commission interviewed all eligible candidates including the petitioners and forwarded a recommendation to the Ministry of Health where the name of the petitioner was in the top of the list. (A copy of the recommendation of Public Service Commission is annexed herewith as ANNEXURE “F”).

7. That thereafter the officer of respondent No.1 after some time prepared a panel and issued a notification on 15/12/2007 promoting a person as professor medicine superseding the petitioner. (Photo copy of notification dated 15/12/2007 bearing memo no 25(3) is annexed herewith as ANNEXURE “G”).

8. That the petitioner issued a notice to both the respondents demanding justice and they did not respond to the notice within stipulated time. (A copy of justice Demand notice is annexed herewith as ANNEXURE “G”).

9. That there being no other efficacious speedy remedy. The petitioner buys to file this application under Article 102 of the constitution of the People Republic of Bangladesh on the following amongst other.

GROUNDS

(i) For that petitioner has acquired all qualification to the promoted to the post of professor.

(ii) For that public service commission has recommended the name of the petitioner.

(iii) For that the petitioner had been working with all reputation and there is no adverse remark in his ACR.

(iv) For that the petitioner was deprived of his legal rights.

(v) For that the career of the petitioner has become bleak.

(vi) For that the petitioner was not treated in accordance with law.

(vii) For that other grounds will be submitted verbally at the time of hearing of this application.

10. That in the aforesaid premises the petitioner prays the following.

RELIEFS

(a) To issue a rule nisi calling upon the respondents to show cause as to why the impugned notification should that be cancelled.

(b) To stay operation of the impugned notification.

(d) To award all cost of the petition.

(e) To grant any other relief which your lordship consider just and proper.

AND

For this act of your kindness your humble petitioner as in duty bound, shall ever pray.

Signed:

law subject

Thursday, August 19, 2010

Criminal procedure code&drafting

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