Code of Criminal Procedure [V of 1898]
Section 239(d) and 235(3) read with
Penal Code [XLV of 1860]
Section 307
Village Court Act, 2006
Though charges were under section 323/379 of the Penal Code separately framed against the accused petitioners but the incident of this case took place at the same time and place of occurrence. Admittedly, section 307 is not triable by the Village Court and since the offence was committed by the accused petitioners in course of same transaction, there is no scope to send the case record to the Village Court for disposal of this case.
The High Court Division held that since the village court has no jurisdiction to try the offence under section 307 of the Penal Code, the High Court Division is unable to accept the submission of the learned Advocate for the accused petitioner that the of-fences of this case being triable by the Village Court should be sent to the concerned court for trial. In view of the discussion made above and considering the facts and circumstances of the case, the High Court Division finds no merit in this Rule. In the result, the Rule is discharged. Md. Ishaque Hawlader and others -Vs.-The State and another (Criminal) 2019 ALR (HCD) Online 341 ....View Full Judgment