Saturday, June 30, 2018

Validity period of affidavit

High Court Division :
(Criminal Miscellaneous Jurisdiction)
Farah Mahbub J
Mahmudul Hoque J
Khaza Tareq ........
......... Accused-Petitioner
(On Surrender)
State ..... Opposite Parties·
August 22nd, 2017
Supreme Court of Bangladesh (High Court Division) Rules, 1973
Chapter IVA rule 6(6)
The validity period of application for hearing of the same has already been expired.
Application is rejected summarily. . ..... (3 & 4)
AKM Alamgir Parvez Bhuiyan, Advocate-For the Opposite-Party No.2.
AKM Zahirul Huq, DAG with M Masud Atam Chowdhury, AAG and Sathi Shahjahan. AAG- For the State.
In this application filed under section 498 of the Code of Criminal Procedure the petitioner has sought for anticipatory bail in Boalia Model Police Station Case No.7 dated 5-12-2016 under sections 409/ 420/467/468/471/109 of the Penal Code read with section 5(2) of the Prevention of Corruption Act, 1947, now pending in the court of Chief Metropolitan Magistrate, Rajshahi.
2. Chapter IVA Rule 6(6) of the Supreme Court (High Court Division) Rules, 1973 provides, inter-alia
"(6) Validity period of affidavit: An application/petition for motion in criminal cases shall be filed with the Bench Officer of an appropriate Bench within 45 days after the affidavit is sworn in and on the expiry of the said 45 days validity of the affidavit shall expire.
Explanation : The period of 45 days shall not be construed as an extension of the period  of limitation, if any."  
3. In view of the above, the validity period of this application for hearing of the same has already been expired.
4. Accordingly, this application is rejected summarily.
Communicate the order at once.