Calcutta High Court (Appellete Side)
CRR/1551/2019 on 17 September, 2019
Author: Rajasekhar Mantha
Bench: Rajasekhar Mantha
1 17.09.2019(100)
(ap) C.R.R. No. 1551 of 2019 In re : The Chief Executive Officer, Board of Auqaf, West Bengal.
..Petitioner.
Re: Application under Section 482 of the Code of Criminal Procedure filed on 27.06.2019 Mr. Sk. Md. Galib, Mr. Arka Bhattacharya.
...for the petitioner.
The revisionist is aggrieved by an order dated 17th February, 2018 passed by the learned Additional Chief Judicial Magistrate-in-charge, Arambagh, Hooghly whereby and under Arambagh Police Station Case No. 927 of 2017 and charge-sheet No.1121 of 2017 dated 30th November, 2017, have been discharged.
The Court below has proceeded on the basis of a complete misreading of Section 52A Sub-section (3) of the Wakf Act, 1995. The said Sub-section was introduced by the Amendment Act, 2013.
By reason of Sub-section, any Court can take cognizance of any offence if the complaint in question is made by the Wakf Board or any Officer duly authorized by the State Government in this regard. The complaint in the instant case has been made by the Wakf Board itself through the Chief Executive Officer.
In those circumstances, the impugned order 17th February, 2018 passed by the learned Additional Chief Judicial Magistrate-in-charge, 1 2 Arambagh, Hooghly shall remain stayed till two weeks after the reopening of the Court after the ensuing long Puja Vacation.
The petitioner is directed to serve a copy of this application upon the opposite party no.1 through Public Prosecutor, High Court, Calcutta and also upon the opposite party no.2 by Registered Speed Post with Acknowledgement Due Cards and affidavit-of-service be filed on the next date of hearing.
Let this matter appear in the same position one week after the ensuing Puja Vacation.
Liberty to pray for extension, modification, variation and/or vacating the interim order upon notice to the other side.
Urgent photostat certified copy of this order, if applied for, be supplied to the parties as early as possible.
(Rajasekhar Mantha, J.) 2 3 3 4 4