SHEIKH SALIM RAZA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The petitioner has filed this writ petition (Criminal) under Article 226 of the Constitution of India for quashing of the FIR in connection with Crime No. 108 of 2020 registered at Police Station Kotwali, Bastar, Jagdalpur on 04.03.2020 against the petitioner for offence punishable under Sections 420, 406. 467, 468 and 471/34 of IPC.

(2.) The brief facts, as projected by the petitioner, are that as per contents of F.I.R dated 4/03/2020 it has been alleged that the petitioner and other co-accused persons who were working as office bearers of Anjuman Islamia Society (In Short Society ) , committed financial irregularities for the period from 2011 to 2019 and caused loss to the society to the tune of Rs. 3,58,56,530/- thereby they have committed offence punishable under Sections 420, 406. 467, 468 and 471/34 of IPC.

(3.) Learned counsel for the petitioner would submit that the Waqf Board has already filed a complaint against the petitioner and other co-accused persons before the Chief Judicial Magistrate, Jagdalpur, Bastar for financial irregularities alleged to have been committed by them since 2011 bearing Criminal Case No. 159 of 2017, therefore, the registration of FIR in respect of same incident is in violation of Article 20 of the Constitution of India. He would further submit that the Anjuman Islamia is society registered under Firms and Society Registration Act Waqf Board has taken over management of Anjuman Islamia Society and after taking over the Waqf Board has removed the petitioner from the post of President though he was elected President Society. He would further submit that the petitioner has challenged the order of removal by filing an appeal before the Waqf Tribunal which was dismissed and thereafter, he preferred a civil revision bearing No. 117 of 2019 before this court which is still pending consideration.