Mohammad Shaban vs State Of U.P. And 6 Others
2021 Latest Caselaw 4647 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 89
 
Case :- APPLICATION U/S 482 No. - 8138 of 2021
 
Applicant :- Mohammad Shaban
 
Opposite Party :- State Of U.P. And 6 Others
 
Counsel for Applicant :- Surendra Singh
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Rajeev Misra,J.

Heard Mr. Surendra Singh, learned counsel for applicant and learned A.G.A. for the State.

This application under Section 482 Cr.P.C. has been filed challenging order dated 24.02.2020 passed by Special Judge (D.A.A.), Banda in Misc. Case No. 263 of 2019 (Mohd. Shaban vs. Pappu Tuttal and others) under Section 156(3) Cr.P.C., Police Station Kotwali City, District Banda whereby application under Section 156(3) Cr.P.C. filed by applicant has been rejected as well as order dated 04.03.2020 passed by 5th Additional District and Sessions Judge, Banda in Criminal Revision No. 61 of 2019, (Mohd. Shaban vs. Pappu Tuttal and others) arising out of order dated 30.05.2019 whereby and where under above mentioned Criminal Revision has also been dismissed.

At the very outset, learned A.G.A. has raised a preliminary objection by contending that application under Section 156 (3) Cr.P.C. filed by applicant has been rejected by both the courts below. Magistrate while rejecting the application under Section 156(3) filed by applicant has recorded a finding that in case applicant is aggrieved by the Committee constituted by Central Sunni Waqf Board, then in that case applicant has remedy to approach the Waqf Tribunal constituted under the Waqf Act. Consequently Magistrate concluded that dispute is basically a civil dispute and placing reliance upon judgments of Apex Court in case of Indian Oil Corporation vs. N.E.P.C. Ltd., 2006 (6)SCC 736 and Pramjeet Patra vs. State of Uttarakhand , 2013 (11) SCC 673 held that a purely a civil dispute cannot be dragged into criminal litigation. These findings recorded by Magistrate have been affirmed by Revisional Court. Since above findings have not been challenged the conclusion cannot be challenged. He therefore, contends that present application is liable to be dismissed.

When confronted with above, learned counsel for applicant could not over come the same.

In view of the above, this Court does not find any good ground to entertain this application. Courts below have not committed any illegality or a jurisdictional error in rejecting the application under Section 156 (3) Cr.P.C. filed by applicant.

Consequently, present application fails and is liable to be dismissed.

It is accordingly, dismissed.

Order Date :- 25.3.2021/Ashish Pd.