SYED MUZAFFAR HASAN Vs. MOHD ISMAIL

JUDGEMENT

(1.) THIS is a petition under Section 482 CrPC.

(2.) THE opposite party No. 2 moved a complaint under Section 500 of the Indian Penal Code. THE allegations were that he was in possession of house No. 336/80, on the basis of sale executed in his favour by the custodian on 7-4-1972. On account of the cospiracy of the Mohalla people and the offcers of the Sunni Waqf Board, and in order to harass the complainant, the Sunni Waqf Board has issued a notice on 8-2-1979 to him about which he had given a reply. Another notice was sent on 28-3-1979. Ultimately Shri Mohammad Yunus Inspector of Sunni Waqf Board in the Mohalla, defamed the complainant by stating that he had taken unauthorised possession over Waqf property. On account of this proclamation of the Inspector, the complainant had been defamed and he was made to lose prestige in the eye of the Mohalla people. On this account a prayer was made that the Magistrate may take cognizance. THE Magistrate took evidence under Sections 200 and 202 CrPC and thereafter summoned the petitioners under Section 203 CrPC. By means of this petition the arguments advanced on behalf of the petitioner were that on the basis of facts mentioned in the complaint there was no disclosure of ingredients on the basis of which offence under Section 500 of the Indian Penal Code could be said to have been made out. THE learned counsel for the opposite party said that it was not the complaint alone which should be the basis for a Magistrate to take cognizance. Indeed the Magistrate on recording evidence under Sections 200 and 202 CrPC had taken cognizance and thereafter had summoned the accused under Section 203 CrPC, therefore, this was not a fit case in which interference under Section 482 CrPC is called for.

(3.) IN that view of the matter, I would allow the petition and quash the proceedings before the Magistrate concerned. Petition allowed.