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
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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