Andhra Pradesh High Court - Amravati
S. Noor Ahmed vs The State Of Andhra Pradesh on 28 June, 2021
Se
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
MONDAY, THE TWENTY EIGHTH DAY OF JUNE
TWO THOUSAND AND TWENTY ONE
-PRESENT:
THE HONOURABLE SMT JUSTICE LALITHA KANNEGANTI
IA No. 2 OF 2021
IN
GRLP NO: 3387 OF 2021
Between:
S. Noor Ahmed, S/o. Nazeer Ahmed Aged about 58 years, Occ. Hereditary
Muthawalli, Sultania Mosque, Kurnool, R/o. D.No.41/305, Kothapeta, Kurnool
City, Kurnool District, A.P.
..Petitioner/Accused.
AND
1. The State of Andhra Pradesh, Through its Public Prosecutor, High Court Of
Andhra Pradesh, Amaravathi
2. S.Mahaboob Basha, S/o. Abdul Gafoor Aged not known to the petitioner Occ.
District Minority Welfare Officer, Kurnool District,
, .Respondents/
De-factocomplainant
Counsel for the Petitioner : Sri CHALLA AJAY KUMAR
Counsel for the Respondent No.1: PUBLIC PROSECUTOR
Petition under Section 482 of Cr.P.C praying that in the circumstances stated in
the affidavit filed in support of the petition, the High Court may be pleased to stay of all
further proceedings in Cr.No. 221/2021 dated 05.06.2021 registered U/s. 407, 420 of
the I.P.C. RéAw. Sec.52-A of the Wakf Act, 1995, on the file of Kurnool 1 Town PS.
Kurnool District, including order of the Petitioner/Accused, pending disposal of
CRLP No. 3387 of 2021, on the file of the High Court.
The court while directing issue of notice to the Respondents herein to show
cause as to why this application should not be complied with, made the following
order.(The receipt of this order will be deemed to be the receipt of notice in the case).
The Court made the following
ORDER:
"This criminal petition is filed seeking to quash the proceedings in
Crime No.221 of 2021 on the file of Kurnool If Town Police Station,
Kurnool District.
Learned counsel for the petitioner submits that the petitioner who
is hereditary muthawalli is alleged to have committed the offences
punishable under Section 407, 420 of IPC and Section 52-A of Wakf
Act,1995. He submits that as per Section 52-A (3} of Wakf Act, criminal
proceedings cannot be initiated based on the police complaint and the
aggrieved party has to approach the concerned Magistrate and file a
private complaint. He placed reliance on the judgment of this Court in
Syed Azher Hussain Vs. Iqbal Ahmed Khan report in (2007 (1) ALD (Crl.}
587), wherein this Court held that "Sub-sections (2) and (3) of Section 68
of the Act is very clear that if the removed mutawalli or committee fails
to deliver possession of the records etc., to the successor mutawalli or
',
committee, the successor committee has to make an application to the
First Class Magistrate, who has jurisdiction, and the Magistrate after
giving notice to the removed mutawalli or the committee has to make an
order directing delivery of the charge and possession of such records,
accounts and properties of the wakf to the successor mutawalli or the
committee and if they fail to do so, the Magistrate is empowered to
convict each of such person and sentence each of them to undergo
imprisonment for a term which may extend to six months or with fine
which may extend to eight thousand rupees or with both."
In view of the law laid down by this Court, there shall be stay of all
further proceedings in Crime Ne.221 of 2021 on the file of Kurnool II
Town Police Station, Kurnool District until further orders."
i.
Sd/-M.Suryanadha Reddy
ASSISTANT REGISTRAR
TRUE COPY) oh
For SECTION OFFICER
To,
1. The Station House Officer, Kurnool ll Town Police Station, Kurnool District.
2. S.Mahaboob Basha, S/o. Abdul Gafoor, District Minority Welfare Officer, Kurnool
District,( By RPAD)
One CC to Sri. Chaila Ajay Kumar Advocate [OPUC]
Two CC's to Public Prosecutor, High Court of AP, Amaravati[OUT]
One spare copy
oh
HIGH COURT
LKd
DATED:28/06/2021
"POST AFTER FOUR WEEKS.
ORDER
1A No, 2 OF 2021
IN
CRLP NO: 3387 OF 2021
STAY
