SYED AZHER HUSSAIN Vs. IQBAL AHMED KHAN

JUDGEMENT

(1.) This petition has been filed under Section 482 of the Code of Criminal Procedure to quash the proceedings in Cr. No.130/2004 on the file of the Nirmal Town Police Station, Adilabad District for the offence under Sections 406, 417 and 477-A, IPC. The complaint has been filed by Respondents 1 and 2 to prosecute the accused for failing to furnish the accounts to the new office bearers even after the expiry of the term.

(2.) The learned Counsel for the petitioner submitted that a separate procedure has been provided in Section 68 of the Wakf Act, 1995 (for short the "Act") and it delineates the procedure on account of failure of Mutawalli or committee to deliver possession of the records to the successors. Section 68 of the Act reads as follows:

(3.) Subsections (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.