Nazmul Huda Vs State (2019) 71 DLR 376

 

Fact:

Since the complainant by swearing an affidavit before the tribunal asserted that the concerned police officer refused to accept her complaint and the tribunal has also been satisfied about the complaint, there is no legal necessity to make an inquiry into the issue afresh. By filing an order under Section:561A of the Code of Criminal Procedure the accused petitioner has sought quashing of the proceedings in Nari-O-Shishu Case No. 106 of 2018 under Section:11(ga) of the Nari-O-Shishu Nirjatan Damon Ain, 2000, now pending in the Court of Nari-O-Shishu Nirjatan Daman Tribunal, Madaripur.

Issue:

1. Whether there was any merit in the complainant's complaint?

2. Why did the police officer refuse to take the complaint?

3. Whether the complainant will get any remedy here?

Decision:

To address the above issue it is needed to examine section 27(1 ka), (ka), (kha) of the Nari-o-Shishu Nirjatan Daman Ain, 2000, that, it becomes crystal clear that receipt of a complaint supported by an affidavit if the tribunal is satisfied upon examining the complainant that after being refused by the concerned police officer or the authorized person he directly came to the tribunal in that event order for holding inquiry can be made. Since the complainant by swearing an affidavit before the Tribunal asserted that the concerned police officer refused to accept her complaint and the Tribunal has also been satisfied about the said complaint, in our view, there is no legal necessity to make an inquiry into the said issue afresh.

Justification:

Section: 27(1ka) is very significant. It says that an inquiry should be done on the allegations brought against an accused. It does not mean that an inquiry should be done to ascertain whether the complainant went to the police station and was refused by the police.

In view of the above, we find no merit in the application. Accordingly, the application is rejected summarily. As the complaint has no merit, the complainant will not get any remedy.

Written by---
Rahat Amin
Department of Land Management and Law
Jagannath University, Dhaka