BURHANUDDIN QUADRI Vs. MOHAMMAD SHAFI QUZZAMAN

JUDGEMENT

(1.) This petition under Section 482 of Cr.PC has been filed for quashing the criminal proceedings in CCNo.278 of 1999 on the file of XXIII Metropolitan Magistrate, Hyderabad in which the petitioners are the accused facing charge under Section 500 of IPC in the complaint filed by the respondent No.1 herein.

(2.) The petitioners are accused Nos.1 and 2 in the said CC. Petitioner No.1 has been the Chief Executive Officer of the Andhra Pradesh Wakf Board, Hyderabad and petitioner No.2 has been the Chair Person of Andhra Pradesh Wakf Board. Respondent No.1 herein is an IAS Officer who has been working as Secretary to Government of Andhra Pradesh. He was at the relevant time working as such in the department of Minorities Welfare. During that period some appointments were made in the Andhra Pradesh Wakf Board headed by petitioner No.2. On account of discover of prima facie irregularities in those appointments, the Government of Andhra Pradesh handed over the matter to ACB for enquiry. When the matter was under enquiry, petitioner No.1 in collusion with petitioner No.2 got false and baseless defamatory imputations published in Urdu daily news papers i.e., Munsif dated 19-6-1998 and Siasat dated 20-6-1998 against the complainant with malicious and dishonest intention. These were published as press-notes issued by petitioner No.1. The allegations relevant to respondent No.1 herein in the report concerned are as follows:

(3.) On a complaint filed by the respondent No. 1 herein incorporating these facts, the learned Magistrate took cognizance of offence under Section 500 of IPC against the petitioners herein which is now challenged.