Santrash Birodhi Ain [XV1 of 2009] | Case Reference

Santrash Birodi Ain [XV1 of 2009]

Sections 7-14-There is no bar to prosecute a person (কোন ব্যক্তি) if he commits offence within the mischief of the provi- sions of law. Iftekharul Karim (Md) vs State, 65 DLR 211

Section 40(2)-Sanction-Metropo- litan Sessions Judge had acted illegally in taking cognizance of the case without the prior sanction of the Government as per provision of section 40(2) of the Ain and, as such, the order of taking cogni zance is illegal and it as vitiated the subsequent proceedings of the case. But Metropolitan Sessions Judge, is not de-barred from taking fresh cognizance of the case against the accused if he gets or obtains a valid and legal sanction from the Government for taking cognizance of the case and finds prima facie case. Iftekharul Karim (Md) vs State, 65 DLR 211