[ad_1]
He argued that since the police had already filed a case in this case, the second case could not continue.
Cox’s Bazar prosecutor, Faridul Alam, said session and district judge Mohammad Ismail accepted the case Sunday afternoon and set October 20 for the final hearing and order.
His lawyer Masud Salahuddin filed the petition on behalf of Liaquat Ali.
Retired Army Major Sinha Mohammad Rashed Khan was shot dead by police at the Shamlapur checkpoint in the Baharchhara Union of Teknaf on July 31. On July 5, his sister Sharmin Shahriar Ferdous filed a murder case against nine people, including the former Teknaf OC Pradeep Kumar Das police station. Former Baharchhara Police Investigation Center Inspector Liaquat Ali was the main defendant in the case.
The defendant’s lawyer, Masud Salahuddin, told reporters at the courthouse that the case brought by his sister in connection with Sinha’s murder was pending. All activities in this case are “illegal and illegal”. That is why a lawsuit has been filed in court challenging the order issued by the court magistrate on August 5.
“After a lengthy court hearing, the judge ruled that the case was illegal. He ordered that the application be known and searched. It is scheduled for a full hearing and order later.”
Arguing in favor of the request for review, the lawyer said that the defendant Nandalal Rakshit filed a case at the Teknaf Police Station on August 1 for the same incident. Four days after the case was filed, on August 5, Sharmin Shahriar presented CR’s case in Ferdous court in the same case.
If a case is pending in court (investigation) while the investigation of a case is ongoing, then the court must follow Section 205D of the Code of Criminal Procedure, said attorney Masood.
“The law clearly states in 205D that when a case is under investigation, if the CR presents a case, then Two Zero Five D must be followed.” In other words, he (Judicial Magistrate) will announce the suspension on the day of the presentation of the CR case. Following the announcement of the suspension, Nandalal Rakshit will ask for the ongoing case to be investigated. Then, the trial will proceed in subsection two and subsection three. “
Lawyer Masood Salahuddin said, however, that the judge (magistrate) ordered the officer from the Teknaf Police Station to treat him as an FIR without giving him a suspension; Which is “completely illegal and illicit.”
The defendant’s lawyer said: “The session judge listened to us carefully and was satisfied after recounting all the facts. He then admitted the request and recorded the call. We believe that all the activity is illegal, that is, not legal; So there is no other law than to suspend this case ”.
After Sinha’s death, the police wanted to continue the incident as a shooting. The case of Nandalal Rakshita was also filed on behalf of the police on that basis.
Sinha’s sister Sharmin, on the other hand, filed a case against police officers alleging direct murder.
Baharchhara Union Marishbunia area resident in a police case. Nurul Amin, Md. Nezamuddin and Mohammad Ayaz were called as witnesses. After investigating the case, RAB arrested the three witnesses in Sinha’s sister’s case and showed them as defendants.
[ad_2]
