SHEIKH SALIM RAZA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This writ appeal has been preferred against the order dtd. 19/08/2021 passed by the learned Single Judge in Writ Petition (Cr.) No. 419 of 2020, whereby writ petition filed by petitioner / appellant has been dismissed.

(2.) The writ petition was filed by the appellant / petitioner stating therein that earlier he was President of Anjuman Islamia Society, where from he has been removed illegally. It is further contended that on the basis of written complaint filed by the Chief Executive Officer of Chhattisgarh State Waqf Board, Raipur, FIR / Crime No. 108 of 2020 (Annexure A/2) under Ss. 406, 420, 467, 468, 471/34 of Indian Penal Code (for short, 'IPC') has been registered against the appellant / petitioner and others, in Police Station Jagdalpur, Bastar, that they have committed financial irregularities and have prepared forged books of accounts by manipulating in the documents. It has been stated further that based on aforesaid facts and incident, a private complaint (Annexure A/3) under Sec. 200 of Code of Criminal Procedure has also been filed in the Court of Chief Judicial Magistrate, Jagdalpur, Bastar against appellant and others. Lodging of aforesaid FIR for the same offence and for same time period, amounts to double jeopardy of the appellant / petitioner for the same crime. Registration of aforesaid FIR is also baseless, against the prescribed provisions and procedures of the Waqf Act, 1995 (for short, 'the Act, 1995'), the issue involved is of civil nature, therefore, alleged FIR registered against appellant / petitioner be quashed and appropriate direction be issued to the Police to take action against complainant for making false complaint.

(3.) After hearing both the sides, learned Single Judge considered the matter at length and by declining to grant relief, as prayed for, dismissed the writ petition, which has given rise to this writ appeal.