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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
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Md. Ishaque Hawlader and others -Vs.-The State and another |
2019 ALR (HCD) Online 341 |