Law: Criminal Procedure Code, 1898

Section: Ss. 211, 212 & 537

  Criminal trial-Evidence - Reference to case diary and evidence of other case-Not permissible.   Criminal Procedure Code (V of 1898), Ss. 211, 212 & 537-Non-compliance with provisions of S. 211 and S. 212-Defects not curable under S. 537.   Sona Mia and others v. State P L D 1960 Dacca 396 and Atar Ali Shah and another v. Reazuddin (1957) 9 D L R 69 foll.   Criminal Procedure Code (V of 1898), S. 210-Committing Court to weigh evidence to see if prima facie case made out and not for probability of conviction.  JUDGMENT   SALAHUDDIN AHMED, J.-This Rule was issued at the instance of the complainant petitioner calling upon the District Magistrate of Khulna and the opposite-parties to show cause why the order of discharge complained of 9n the petition should not be set aside on grounds Nos. 1 and 4 of the petition.   It appears that Mr. M. Haque, Magistrate, 1st Class, Satkhira, who held the enquiryunder Chapter XVIII of the Code of Criminal Procedure, on a consideration of the evidence held that the prosecution case was extremely doubtful and was not warranted by facts and evidence on record, and in that view of the matter, refused to commit the accused persons for trial by the Court of Sessions and discharged them under section 209 of the Code of Criminal Procedure. The learned Magistrate in his order dated the 14th of March 1960, has referred to certain matters, to wit, the case diary of the present case, namely, G. R. Case No. 658 of 1959 as well as the case diary of the counter case, namely, G. R. Case No. 609 of 1959, which are clearly inadmissible in evidence and should never have been taken into consideration by him. Basing his finding on these materials, the learned Magistrate came to the finding that Plot No. 397, i.e. the disputed land on which, according to the prosecution case, the occurrence took place, was not the place of occurrence.   It may be mentioned that the same Magistrate held enquiry in the counter-case, namely, G. R. Case No. 609 of 1959 arising out of the same occurrence and committed the accused persons of the counter-case to the Court of Sessions. Against this order of commitment, Hazeruddin…