Telangana High Court
Mohd. Mohiuddin Khan Alias Anjulu And ... vs The State Of Telangana on 27 March, 2023
THE HONOURABLE SRI JUSTICE K.SURENDER
CRIMINAL PETITION NO.3533 OF 2022
O R D E R:
This Criminal Petition is filed under Section 482 of the Code of Criminal Procedure, 1973 (for short 'Cr.P.C.') by the petitioners-accused No.1 and 2 to quash the proceedings against them in C.C. No.92 of 2022 on the file of learned Chief Metropolitan Magistrate, at Nampally, Hyderabad. The offences alleged against them are under Sections 52(A) of the Waqf Board Act.
2. Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the respondent No.1 - State. Perused the material on record.
3. The respondent No.2, who is the Chief Executive Officer of Telangana State Waqf Board, filed complaint against these petitioners stating that they were residing in the premises of Masjid-e-Ghansimiyan and the said property was registered and notified in A.P.Gazette dated 09.02.1989. The Waqf Board has issued notices to the petitioners under Sections 54(1) and 54(3) of the Waqf Act for eviction of encroachment. 2 However, petitioners constructed a boundary wall upon the encroached premises at the Masjid. For the said reasons, the criminal complaint was filed, which was investigated and charge sheeted by the police for the offence under Section 52(A) of the Waqf Board Act.
4. Under Section 52(A)(3) of the Waqf Board Act - No court shall take cognizance of any offence under section 52A except on a complaint made by the Board or any officer duly authorized by the State Government in this behalf.
5. The police investigated the case and filed charge sheet. There is a prohibition from the Court taking cognizance unless a complaint is made by the Board or any officer duly authorized by the State Government.
6. For the said reason, since charge sheet is filed cognizance cannot be taken by the Court, the proceedings in C.C. No.92 of 2022 on the file of learned Chief Metropolitan Magistrate, at Nampally, Hyderabad, against the petitioners are hereby quashed.
7. Accordingly, the Criminal Petition is allowed 3 Miscellaneous applications pending, if any, shall stand closed.
__________________ K.SURENDER, J Date: 27.03.2023 Tmk 4 5 THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION NO.3533 OF 2022 Date: 27.03.2023 Tmk