Primary Information Description
(Control No- 243)
No-
89984
Date:
09/11/2007
Primary
information related to the crime as per section no- 154 of civil regulation
laws presented in the police station.
Upazilla:
Pallabi
No-
20
District- D.MP, Dhaka
Date and time of the incident:
On datd 08/11/2007 AD
Any time at midnight.
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Date
and time to present
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Direction
and away from the police station, incident palce and duty area no
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Date
of sending from teh polcie station
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14.45
08/11/2007
AD
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Incident place
Pallabi,
under the Baunia police station in north of Adorsha Motsha Khamar, in Gauva
Garden in south side of Beri Badh.
2
K. M away towards east/ south from the police station.
Bit
no- 2, Ward no- 5
Pallabi
Polcie Box
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09/11/2007
AD
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N.G:
Primary information must be attested by the writing officer and news provider
with signature and fingertips.
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Name
and home place/ address of the complainer and news provider
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Name
and home place/ address of the complaint
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Brief
description of the looted materials and crime with sections
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Answer
to record the information late and and investigation work activities
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Results
of the case
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Rabeya
Begum (32), husband- Abdur Rashid, vilage- Laukathi, police stationa nd
district- Patuakhali, A/ P- section 10, block – D, Paris Road near south side
home of Baten, police station- Pallabi, Dhaka
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Unknown
01
person
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Sections
302/
34
Penal
Code
Crime
of killing
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Receiving
the written complain of the plaintiff as per order of the officer in charge I
am the duty officer has been made the case.
Officer
in charge will manage o investigate the case and will note in the khatian.
The reason of late has not mentioend in teh description of teh case.
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(Primary information has to be written in bellow)
The
written complain of the plaintiff is counted in the description of the case as
attached.
Signature: Sd/ Illegible
S.I
Pallabi police station
D.M.P, Dhaka
Date- 08/11/2007 AD
Note:
There has to be mentioned signature and fingertips of the news provider beside
the information.
Ba:
Sha: Mu: 98/99-10015F-15,000 Books, 1998.
Sd/ Ilegible
Date: 08/11/2007 AD
Duty Officer
Pallabi police station
D.M.P, Dhaka
(Seal)
Page No- 2
As is seen
Sd/ Illegible
Date: 09/11/2007 AD
(Seal)
To,
Officer in charge (Pallabi police
station)
Dhaka City Police, Dhaka.
Subject: Complain
Sir,
The sincere request with due
respect is that, I am the signature provider bellow Rabeya Begum (32), Husband-
Abdur Rashid, village- Laukathi, police station nd district- Patuakhali, A/ P-
section no- 10, block no- D, near Paris Road in south side road, home of Baten,
police station- Pallabi, Dhaka as is lived here. On dated 08/11/2007 AD my
brother Forkan, Father- Late Azhar Sardar, Tangi Baria, Police station- Ranga
Bala, District- Patuakhali, A/ P in supporting with that presenting in the
police station, the complain is made regarding that, my daughter Shila (10)
years old last dated 05/11/2007 AD at around 09.00 AM in the morning as is not
found from my present home. As I have not found the daughter I was searching in
different places a lot. Last dated 07/11/2007 D at around 12.00 AM as not found
searching a lot has been gone to the home. as before that time sometime my
daughter as got lost few times as is found to the banana seller as searching a
lot whenever gets lost situated in east side of 45 Vasani Hotel to that unknown
banana seller. As I went there to bring my daughter from him he denied giving
my daughter Shila to me. Then applying force I used to have brought the daughter.
Last dated 05/11/2007 AD before my daughter as got lost on dated 04/11/2007 AD
again as got lost as went to that mentioned banana seller that my daughter
Sumaiya is slept. Then As she has made got up from sleeping when I questioned
my daughter bringing her to my home she informed that the banana seller made
her to feed something with Chatpatias soon as she has got slept after hearing
that I am with Forkan Sardar as questioned the banana seller informed me that
she comes here to eat one or two pieces of bananas.
The written complain of the plaintiff
on dated 08/11/2007 AD at around 14.45 in time receiving in the police station
in Pallabi case no- 20 on dated 08/11/2007 AD as per section 302/34 of penal
code is made.
Sd/ Illegible
S.I
Date: 08/11/2007 AD
Duty Officer
Pallabi police station
D.M.P, Dhaka
(Seal)
P.T.O
Page No- 3
In that what is your problem in a
time to making dispute my brother told to the banana seller that, my nephew has
problem in mind why you give asylum to my nephew therefore there has made some
dispute with banana seller. Sometime the mentioned banana seller used to have
call in that situation last dated 05/11/2007 AD at around 09.00 my daughter has
been lost again. Then I have searched the daughter in different places on dated
07/11/2007 AD at around 12.00 as not found I returned to home. On dated
08/11/2007 AD at around 09.00 AM in the morning my sister Aklima, husband-
Rafiqul Islam as received the news from the people that the dead body of my
daughter Shila is taken to the Pallabi police station. As per the news I am
with my brother Forkan accompanied with has come to the police station and
identified the dead body of my daughter Shila. I have got informed that in
north side of the Baunia Badh Adorsha Motsha Khamar in Pallabi police station
in guava garden in south side of Beri Badh at around 08.05 in the morning my
daughter Shila has been found as dead and has been taken to the Pallabi police
station. As I came to the police station has got informed by the people that my
dead daughter Shila on dated 07/11/2007 AD in the evening the mentioned banana seller
has found there. My doubt is that the
mentioned banana seller as become agreed on dated 08/11/2007 AD at night at any
time my daughter as has been killed has been fallen there.
Therefore, regarding the dead of
my daughter complain is made for taking lawful steps as investigating the
matter.
Sincerely,
Sd/ Illegible
Page No- 4
Case
investigation officer: S. I Md. Kamal Pasha, Baunia police station, ID: BP No-
5573049261
Sections- 302/201/34 Penal Code
The complain
(Control no- 272)
B.P
Form No- 39
Bangladesh
Form No- 5368
District- D.M.P, Dhaka
Police station- Pallabi
Complain no- 64
Date specified for justice: the date will be specified by the honorable
court
Primary information no- 20
Sd/ Illegible
Date: 21/02/2008 AD
Date: 08/11/2007 AD
(Seal)
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Rabeya
Begum (32), Husband- Abdur Rashid, Village- Laoukathi, Police station and
district- Patuakhali, A/ P section- 10 block- D, Paris Road near south side
slum, police station- Pallabi, Dhaka, 01191087049, C/O- Baten
The
case is made.
Sd/
Illegible
21/02/2008
AD
Officer
in charge
Pallabi
police station
D.M.P,
Dhaka
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Complaints
(1)
Mohammad Sumon
(23), Alias Sumon Dhali, Father- Anowar Hossen Dhali, Village- Majhi Kandi,
Polcie station + District- Munshiganj, A/ P- 11B, Road- 3, House no- 30,
Boikali Hotel before there working in tea store. Complaint adn fled
(2)
(1) Mohammad
Harun Kha (22), Father- Khurshid Kha, tea store keeper, village- Darir Char,
Lakkhipur, Police station- Muladi, District- Barishal, tea store before the
Boikali Hotel, Pallabi, Dhaka, the complaint is fled, therefore the arrest
warrant is issued against him CTC- Muladi, Barishal
There is applied to get bail.
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There
is sent to the court as arrested.
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(1)
A set of cloth
very old of one pair which is weared at the dead body of the decessed girl,
The seized list are sent to the court.
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(1)
The plaintiff
(2)
Md. Rafique,
Father- Ali Hossen, Village- Baunia Badh, A/ 3/ 5 Pallabi, Dhaka
(3)
Arif (9),
Father- Mahbuba, Mother- Arifa Begum, Village- Doari Para, 5 no Shaha Lazer
Slum, 01191087049,
3.
Kong 6136, Abdul Hannan, BAF Razar Bag Police Line, DMP, Dhaka.
4.
Ha: 18842, Abul Khayer, SAF, Razar Bag Police Line.
5.
S. S Harunur Rashid, Father- Late Sheikh Abdul Hakim, Village- A/ 2/ 23,
Baunia Address- Adorsha Motsha Khamar in side, Pallabi, Dhaka.
6.
Forkan, Father- Late Azhar Sardar, Vilolage- Tangi Baria, Police station-
Ranga Bali, District- Patuakhali, section- 10 block- D, Pris Road Slum,
Pallabi, Dhaka.
(8)
Mohammad Abdul Baten, 01191087049, Sikder Para, Police Station- Damuda,
District- Shariatpur, A/ P- 10 no Paris Road, Slum, Dhaka.
9.
Mohammad Habibur Rahman Molla, Metro Paliton Magistrate, Dhaka (19/11/2007
AD)
(11)
Md. Kamal Pasha, S.I, Pallabi, ID BP no- 5573049261
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Brief
Description of the incident: The daughter of the plaintiff Shila (10) last
dated 08/11/2007 AD somewhere went out from home. Last dated 07/11/2007 AD at
around 12.00 AM at night has not been found. Previously as got lost has been
found to the unknown banana seller. Last dated 04/11/2007 AD after becoming
got lost as found whenever got lost to the banana seller as was sleeping then
taken out from there Last dated 08/11/2007 AD at around 09.00 AM in the
morning presenting in the police station Pallabi there has been found the
dead body of Shila. Regarding Shila as the plaintiff of the case has been
given news, the plaintiff as becoming present as seen the dead body his
daughter Shila has been identified. Then as having been in doubt of the
unknown someone that last dated 08/11/2007 AD in very deep night killing
Shila has been made fallen in that place in Beri Badh. Depending on the
complain of teh palintiff that the working officer in charge has been made
the case. Officer in charge of the police station has been handed over the
case for investigation on me. I have taken the duty of investigation.
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P.T.O
Page No- 5
The case as is issued on dated
08/11/2007 AD as I was in duty in the police station I got the news that one
dead body is fallen there. I have prepared report for the correct post mortem
and sent the dead body to the dead body preservation room. As is seen the the
mark of torture which is as mentioned. The mother of Shila has been identified
him as her daughter Shila. Issuing the complain the case is made. At the time
of investigation of the case I have visited the incident place Questioning the
plaintiff and all of the witnesses of the case their voice record as per
section 161 has been recorded. The place of the incident has been visited. The
place of the incident of the draft is drawn the BP is attachted. I have been
investigated the case in secret and publicly. At the time of investigation the
witnesses (1) Arif as has been questioned. And the voice record has been
recorded as per section 164 of civil investigation case. At the time of the
investigation the witness Arif informed that, 07/11/2007 AD at the time of
evening the killed Shila before the store of Sumon and Harun as was playing as
threw the water to the store of Sumon the cigarette of the store has been made
wet. Therefore the complaint Sumon has beaten Shila and then teh witness Arif
has went out. Later at the time at night at 12.00 AM the complaints Sumon and
Harun has been taken Shila from Shah Ali Mazar to police station in Pallabi by
rickshaw and on the shoulder. Taking Shila the complaints Sumon and Harun by
the way of the road from Allahu Garments at night at around 2.30 AM as has been
gone, The killed Shila as proposed to have sex as making solicitation Shila
denied. The complaints Sumon and Harun as pressed teh throat of Shila, husband
Arif to save Shila made bite on the hand of Sumon (In right hand). Then as
husn=band Arif made affraid he has been went out as seen that Shila is on the
ground of the floor. The the dead body of Shila has been made fallen near the
Beri Badh as is found at the time of the investigation of the case their has
been found the prove in the voice record of teh witness Arif, that the unknown
banana seller has been killed regarding that there has not found any prove at
all. At teh time of the investigation the report that, doctor has given the
opinion that opinion of the death was due to as a result of of ulation ley big
at are which was antemastemand homicidal in nature Sd/ Dr Zinat Delada, MBBS,
BCS, MCPS, Forensic Medical Dept, Dhaka Medical College, Date: 08/11/2007 AD.
Meaning Shila has been killed by
pressing the breath. In my investigation by the witness and prove as per result
of the case as mentioned in the 3rd column the complaint (1) Sumon,
(2) Hasan Riyad primarily as to be seen section of the laws 302/201/34 as
proved for the sake of the justice the case has been made . The complaint Sumon
as has been arrested as is handed over. The complaint Harun is in fled.
Therefore against him there is issued O/ C against him there is prayed to make
the case. The unknown banana seller of the case as is in fled therefore there
is prayed to have him free from complain in the case.
(On the opposite
page)
1. I
am as examined the punished people carefully in registrar (In village note
book) and investigating other all of the related matter there is certified
that, the person in fled or in complain, against whom the complain is proved,
name and address are give false or has got punished previously and I have been
known that ..................................
2. I
am certifying on that the people in complain are living around the area more/
less about ten years.
3. The
previous history of the people is as follows: Name and address of the
complaints are mentioned.
8C. CDR- Nil
Sd/
Illegible
S.I
21/02/2008
AD
Signature
of teh investigation officer
I am certifying
regarding that, I have been searched the registrar book carefully and has been
seen that
Signature
of the Court Officer
Page No- 6
In the Supreme Court
of Bangladesh
High Court Division,
Dhaka
(Original Provisional
Jurisdiction)
Dated, The 24th
February, 2010 and 23rd March, 2010.
Preent
Mr Justice Md.
Shamsul Huda
And
Mr. Justice Abu Bakar
Siddiquee
Criminal Misc. Case No. 3681/
2010. (Arising out of Metro. Sessions Case No. 5842/ of 2008 and Pallabi P.S
Case No. 20, dated 08/11/2007 corresponding to G.R Case No. 1027/2007 now
pending in the Court of Additional Metropolitan Sessions Judge, 2nd
Court, Dhaka). 24/ 02/2010
Md. Sumon @ Sumon Dali, Son of
Anowar Hossain Dhali Village- Mejhi Kandi, Police Station and District-
Munshiganj
At present- 11/B, Road No. 3.
House No. 30, Neer Bai Khali Hotel
...................
Petitioner.
Versus
The state, represented by the
Deputy Commissioner, District- Dhaka
...................
Opposite Party.
Mr Nur Mohammad, Advocate
.......................
For the Petitioner.
Mr. Dr. Md. Bashir Ullah. A. A.
G.
..........................
For the State.
Honorable high court last dated
24/02/2010 AD has given order to submit bail letter to get satisfaction of the
court.
Order
Supplementary affidavit filed in
Court do form part of the main petition.
Records need not be called for.
Let a Rule be issued calling upon
the opposite party to show cause as to why the accused- petitioner should not
be enlarged on bail in Metro Sessions Case No- 5842 of 2008, arising out of the
Pallabi Polcie Station Case No- 20, dated 08/11/2007, corresponding to G.R No-
1027 of 2007, under section 302/201/34 of teh Penal Code, now pending in the
Court of the Additional Metropolitan Sessions Judge, 2nd Court,
HDaka, and/ or pass such other or further order or orders as to this Court may
deedm fit and proper.
Th rule is made returnable within
4 (four) weeks from date.
The accused- petitioner Md. Sumon
@ Sumon Dali son of anowar Hossain Dhalai, be enlarged on ad- interi bail on
furnishing the bail bond to the satisfaction of the Additional Metropolitan
Sessions Judge 3rd Court, Dhaka. for a period of 6 (six) months.
Md. Shamsul Huda.
Abu Baker Siddiquee.
Contd..P/2
Page No- 7
Mr Nur Mohammed. Adv.
................... for
the Petitioner.
23/03/2010
Order
This is an application for
correction of the cause title and prayer portion of teh application for bail.
Mr. Nur Mohammed, the learned
Advocate appearing for the petitioner submits that due to inadvertence it was
written in the cause title and prayer portion of the application that the cause
is pending before the learned Additional Sessions Judge, Court No- 2, Dhaka
instead of Additional Metropolitan Sessions Judge, Court No- 2, Dhaka. The
learned Advocate regrets for the unintentional mistake and as such we allowed
the correction application.
Office is directed to make
necessary correction in the cause title, prayer portion of the application as
well as in the bail order as Additional Metropolitan Sessions Judge, Court No-
2, Dhaka in place if Additional Session Judge, Court No- 2, Dhaka and issue a
fresh bail order in the correct form accordingly
Md. Shamsul Huda.
Abu Bakar Siddiquee.
Memo No. 37543, Date- 20/03/2010
Copy of the Courts order dated
24/02/2010 and 23/03/2010 forwarded to the (1) Additional Metropolitan Sessions
Judge, 2nd Court, Dhaka
(2) Deputy
Commissioner, Dhaka for information and necessary action.
By order of teh High
Court,
29/03/2010
Assistant Registrar.
Ajit.
28/03/2010
Sd/ Illegible
28/03/2010
Page No- 8
In the Supreme Court
of Bangladesh
High Court Division,
Dhaka,
(Criminal Provisional
Jurisdiction )
Dated, 24th
February, 2010.
Present:
Mr Justice Md.
Shamsul Huda
And
Mr. Justice Abu Bakar
Siddiquee
Criminal Misc. Case No. 3681/
2010. (Arising out of Metro. Sessions Case No. 5842/ of 2008 and Pallabi P.S
Case No. 20, dated 08/11/2007 corresponding to G.R Case No. 1027/2007 now
pending in the Court of Additional Metropolitan Sessions Judge, 2nd
Court, Dhaka). 24/ 02/2010
Md. Sumon @ Sumon Dali, Son of
Anowar Hossain Dhali Village- Mejhi Kandi, Police Station and District-
Munshiganj
At present- 11/B, Road No. 3.
House No. 30, Neer Bai Khali Hotel
...................
Petitioner.
Versus
The state, represented by the
Deputy Commissioner, District- Dhaka
...................
Opposite Party.
Mr Nur Mohammad, Advocate
.......................
For the Petitioner.
Mr. Dr. Md. Bashir Ullah. A. A.
G.
..........................
For the State.
Honorable high court last dated
24/02/2010 AD has given order to submit bail letter to get satisfaction of the
court.
Order
Supplementary affidavit filed in
Court do form part of the main petition.
Records need not be called for.
Let a Rule be issued calling upon
the opposite party to show cause as to why the accused- petitioner should not
be enlarged on bail in Metro Sessions Case No- 5842 of 2008, arising out of the
Pallabi Polcie Station Case No- 20, dated 08/11/2007, corresponding to G.R No-
1027 of 2007, under section 302/201/34 of teh Penal Code, now pending in the
Court of the Additional Metropolitan Sessions Judge, 2nd Court,
HDaka, and/ or pass such other or further order or orders as to this Court may
deedm fit and proper.
Th rule is made returnable within
4 (four) weeks from date.
The accused- petitioner Md. Sumon
@ Sumon Dali son of anowar Hossain Dhalai, be enlarged on ad- interi bail on
furnishing the bail bond to the satisfaction of the Additional Metropolitan
Sessions Judge 3rd Court, Dhaka. for a period of 6 (six) months.
Md. Shamsul Huda.
Abu Baker Siddiquee.
Dated- 08/03/2010
D/C/ASF
Memo no- 27924-25
Copy of the Courts order dated
24/02/2010 and 23/03/2010 forwarded to the (1) Additional Metropolitan Sessions
Judge, 2nd Court, Dhaka
(1) Deputy
Commissioner, Dhaka for information and necessary action.
By order of the High
Court,
29/03/2010
Assistant Registrar.
Ajit.
28/03/2010
Ex. by:-
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