ABOOBACKER Vs. SUB INSPECTOR OF POLICE

JUDGEMENT

(1.) Through W.P.(C) No. 19775/2015, the petitioners have sought for getting Ext. P6 complaint quashed. Through W.P.(C) No. 26480/2015, the petitioner has sought for a direction to the 2nd respondent to file a complaint against respondents 3 to 5 before the Judicial First Class Magistrate's Court, Tirur under Section52A of the Wakf Act, 1995 for misappropriating, alienating and transferring the properties of Moonakkal Jama -ath Palli Committee Wakf. The 2nd respondent in W.P.(C) No. 26480/2015 is the Chief Executive Officer of the Kerala State Wakf Board. Respondents 3 to 5 are the petitioners in W.P.(C) No. 19775/2015. Alleging an offence committed by the petitioners in W.P.(C) No. 19775/2015, the Kerala State Wakf Board, represented by its Authorised Officer, has filed Ext. P6 complaint in W.P.(C) No. 19775/2015 before the Station House Officer, Valanchery Police Station.

(2.) Much discussion is not required to conclude that the course adopted by the Kerala State Wakf Board to file Ext. P6 complaint before the Station House Officer, Valanchery Police Station is per se illegal. When an offence under Sec. 52A of the Wakf Act, 1995 is alleged, as per Sec. 52A(3) of the Wakf Act, no court shall take cognizance of any offence under the Sec. except on a complaint made by the Board or any officer duly authorised by the State Government in this behalf.

(3.) What is contemplated under the aforesaid provision is not a police report alleging an offence under Sec. 52A of the Wakf Act, 1995. A court cannot take cognizance on a police report in the matter. The court can take cognizance of such an offence on a complaint filed by the Wakf Board or any officer duly authorised by the State Government in that behalf only. Therefore, Ext. P6 is of no use at all and the same is nothing but an idle exercise. The learned counsel for the petitioner in W.P.(C) No. 26480/2015 has sought for a direction to the Kerala State Wakf Board to act in accordance with law by filing a complaint within the meaning of Sec. 52A(3) of the Wakf Act. When Ext. P6 complaint in W.P.(C) No. 19775/2015 is per se illegal, Ext. P6 is liable to be quashed. Similarly, the relief sought for by the petitioner in W.P.(C) No. 26480/2015 is only to be granted.