(1.) Invoking the inherent powers enshrined under Section 482 of Cr.P.C., Petitioner has preferred this petition for setting aside order dated 30.8.2010 passed by Additional Judge (Fast Track) of Second Additional Sessions Judge, Sheopur, in Criminal Revision No. 69/2010 dismissing the revision and confirming order passed by JMFC, Sheopur, in case No. 17/2010, whereby application filed by the Petitioner under Section 90 of the Wakf Act, 1995 (hereinafter referred to as the Act) has been rejected.
(2.) Facts in nutshell giving rise to this petition are that Respondent filed a complaint under Section 68 of the Act against the Petitioner and others for directing the Petitioner for delivery of charge and for punishing Petitioner and others as per the provisions of Section 68(3) of the Act before learned JMFC, Sheopur. In the case registered on the said complaint, Petitioner filed one application under Section 90 of the Act as per Annexure P/5 which has been rejected and order of learned Trial Court is affirmed in above-mentioned revision giving rise to this petition.
(3.) It is contended by learned Counsel on behalf of the Petitioner that in every suit or proceeding relating to a title to or possession of a wakf property or the right of a mutawalli or beneficiary, the Court or Tribunal has to issue notice to the Board at the cost of the party instituting such suit or proceeding, hence, notice under Section 90 of the Act should have been given to Wakf Board. Respondent has not given any notice to the Board under the provisions of Section 90 of the Act which are mandatory and are applicable in civil as well as in criminal proceeding also. It is further contended that specific provision will be applicable upon all type of proceeding which is related to Wakf property. It is further submitted that as the provisions have not been followed and ignored by learned Trial Court as well as learned Revisional Court, both the orders are illegal and improper and liable to be quashed.