DISTRICT: SHARIATPUR
IN THE SUPREME COURT OF BANGLADESH
HIGH COURT DIVISION
(CRIMINAL APPELLATE JURISDICTION)
CRIMINAL APPEAL NO. 2947 OF 2019
IN THE MATTER OF :
An Application for addition of
party as Respondent No. 2.
AND
IN THE MATTER OF :
Md. Hasan Fakir
.........Convict-Appellant
-Versus-
The State
..........Respondent
2
AND
IN THE MATTER OF:
Sabana, daughter of A. Rob Bepari
and wife of Md. Hasan Fakir, of
Diara Gopalpur A. Kadir Morol
Kandi, Post Office: Rupbabur Hat,
Police Station: Zanjira, District:
Shariatpur.
................ Applicant
-Versus-
Md. Hasan Fakir, son of late
Nurul Haque Fakir, of Village:
Abdul Kadir Moral Kandi, Police
Station: Zanjira, District:
Shariatpur.
...........Appellant-Opposite Party
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To
Mr. Justice Syed Mahmud Hossain, the Hon'ble Chief Justice
of Supreme Court of Bangladesh and his companion Justices
of the said Hon'ble Court.
The humble petition of the
Applicant above named most
respectfully -
SHEWETH :
1. That the instant applicant as the complainant filed a Nari-
O-Shishu Petition Case bearing No. 306 of 2017 (Zanjira)
under Section 11 (Kha), (Ga)/30 of the Nari-O-Shishu
Nirjatan Daman Ain, 2000 (as amended in 2003) against
the appellant-opposite party and others in the court of
learned Nari-O-Shishu Nirjatan Daman Tribunal,
Shariatpur. Subsequently, upon receiving the report of the
judicial inquiry, the learned Tribunal took cognizance of
the case against all the accused persons under Sections
11 (Ga)/30 of the Nari-O-Shishu Nirjatan Daman Ain,
2000 (as amended in 2003) and the case was renumbered
as Nari-O-Shishu Case No. 232 of 2018.
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2. That after completion of the evidence and hearing the
respective parties and considering the evidences on record,
the learned Tribunal found the instant appellant guilty
and convicted him under Section 11 (Ga) of the Nari-O-
Shishu Nirjatan Daman Ain, 2000 (as amended in 2003)
and sentenced him to suffer rigorous imprisonment for a
period of 02 (two) years and also to pay a fine of Tk.
20,000-/, in default to suffer simple imprisonment for a
period of 02 months more by its judgment and order of
conviction and sentence dated 14.03.2019.
3. That afterwards, challenging the said judgment and order
of conviction and sentence dated 14.03.2019, the instant
appellant-opposite party preferred the instant appeal
before this Hon’ble Court, which was admitted and the
convicted appellant was enlarged on bail.
4. That at the time of filling the instant appeal, the appellant
did not intentionally add the name of the instant applicant
as the respondent no. 2 so as to deprive her from getting
proper justice, although she was the complainant and the
victim of the case instituted before the learned Tribunal
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below, whose presence is very much necessary for the
proper and effective disposal of the instant appeal.
5. That although the applicants' right is involved with the
determination and disposal of the instant criminal appeal,
yet the applicant has not been added as party.
6. That it is stated that without hearing the instant
applicant, the instant criminal appeal cannot be effectively
and finally adjudicated and as such it is necessary that
the applicant shall be added as respondent No. 2 in the
instant criminal appeal.
7. That unless the applicant is allowed to be added as
respondent no. 2, she would suffer irreparable loss and
injury and administration of justice will be frustrated.
Wherefore it is most humbly
prayed that your Lordship
would graciously be pleased to
allow the instant application
and thereby add the applicant
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as the respondent No. 2 to the
instant Criminal Appeal
and/or to pass such other or
further order or orders as to
your Lordship may deem fit
and proper.
And for this act of kindness your Applicant as in duty bound
shall ever pray.
AFFIDAVIT
I, Md. Joynal Abdin, son of A. Rob Bepari and Joynob Bibi, of
A. Kader Morol Kandi, Diara Gopalpur, Post Office: Rupbabur
Hat-8010, Police Station: Zanjira, District: Shariatpur,
National ID No. 8619480629178, aged about 33 years, by
faith-Muslim, by profession- business, by nationality
Bangladeshi by birth, do hereby solemnly affirm and say as
follows:
1. That I am the full brother of the applicant and tadbirkar
of the case and as such acquainted with the facts and
circumstances of the case and competent to swear this
Affidavit.
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2. That the statements made hereinabove are true to the best of my knowledge and
belief.
Prepared in my office.
__________________
Jamilur Rahman Khan Deponent
Advocate The deponent is known
to me and identified by
me.
__________________
Jamilur Rahman Khan
Solemnly affirmed Advocate
before me on this the
18th day of June 2019. Membership No. 6302
Mobile- 01711018126
Room No. 146 (Main)
COMMISSIONER OF AFFIDAVITS
SUPREME COURT OF BANGLADESH
HIGH COURT DIVISION, DHAKA
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DISTRICT: SHARIATPUR
IN THE SUPREME COURT OF BANGLADESH
HIGH COURT DIVISION
(CRIMINAL APPELLATE JURISDICTION)
CRIMINAL APPEAL NO. 2947 OF 2019
IN THE MATTER OF :
Md. Hasan Fakir
........Convict-Appellant
-Versus-
The State
..........Respondent
To
Mr. Md. Jamal Hossain
Advocate
Supreme Court of Bangladesh
Dhaka.
Dear Sir,
Please take notice that an application for addition of party as
respondent no. 2 in the aforesaid criminal appeal (a copy of
which is enclosed herewith) will be filed and moved before
this Hon’ble Court No. 35 (Annex).
With Thanks
Jamilur Rahman Khan
Advocate
For the Applicant
