SK. ASHRAF ALI Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The petitioner Sk. Ashraf Ali has filed this application under Section 401 read with Section 482 of the Code of Criminal Procedure praying for setting aside the order dated 29th November, 2012 passed by learned Additional Chief Judicial Magistrate, Contai in Misc. Case No.188 of 2011.

(2.) The present petitioner filed one application under Section 68 of the Wakf Act, 1995 (hereinafter to be referred as Act of 1995) in the court of learned Additional Chief Judicial Magistrate, Contai which was registered as Misc. Case No.188 of 2011. The specific case of the petitioner was that he was the Secretary / Mutwalli of MadrasahTarbeateul Quran (hereinafter to be referred as said Madrasah) but due to his ill health he resigned from said post in 2003. Thereafter, opposite party No.2 Abu Taher Khan was selected as the Secretary / Mutawalli of said Madrasah but due to his misconduct he was removed from said post and the petitioner was again selected as the secretary / Mutawalli of said Madrasah by the Managing Committee. The Wakf properties of said Madrasah have since been registered with the appropriate authority under Section 36 of the Act of 1995 under E. C. No.15518 under the name and style "Haji Abdul Majid Wakf Estate". The Board constituted the committee of Mutawalli of 11 persons under Section 63 of said Act of 1995 vide order dated 10th of February, 2010. Said order was communicated by the Chief Executive Officer, Board of Wakfs, West Bengal to all the members of the Mutawalli Committee by a letter being No.1494 dated 22.09.2010. The O. P. in spite of knowing of his removal from the Mutawalliship did not hand over charges and did not deliver records, accounts etc. with the successor of Mutawallis. This prompted the petitioner to file an application under Section 68 (2) of the Act in the court of learned Additional Chief Judicial Magistrate, Contai for passing necessary orders.

(3.) The O. P. No.2 appeared in said case and filed a written objection. After contested hearing learned court below was pleased to dismiss said Misc. case on the ground that the application under Section 68(2) was not maintainable in said court and that the same should have been filed in the competent court of Executive Magistrate.