NAZIR E AWAQF Vs. S BASHIRUDDIN ASHRAF

JUDGEMENT

(1.) This is an appeal under Section 417 (3) of the Code of Criminal Procedure by a complainant against an order of acquittal passed under Section 247 of the Code.

(2.) The respondent was the Mutawalli or trustee of a Sunni Waqf property. All such waqfs are, since the enactment of the Bihar Waqf Act, 1947, under the control of a body known as Bihar Subai Sunni Majlis-E-Awaqf, presided over by a person known as Sadar. There is a provision in the Act for the prosecution of a trustee for his failure to furnish accounts to the Majlis in respect of the waqf property in his charge. It is said that the respondent failed, in spita of the orders of the Sadar, to furnish the accounts or a report about the affairs of the waqf estate and to carry out other orders in respect of the samp. For this failure, an official of the Majlis, called Nazir, filed a complaint with the authority of the Sadar in writing as contemplated by Section 66 (1) of the said Act. The respondent appeared and contested the allegations made against him.

(3.) The case has a chequered career. A complaint was filed on the 3rd November, 1953. There are petitions before the Sessions Judge and the High Court on different occasions, and the proceedings had to he stayed several times. When the last revision petition was rejected by Sessions Judge and the record was received, the trying Magistrate passed an order on the 5th February 1958 for the issue of notice against the accused for his appearance on the 23rd December 1958 along with notices against his sureties to produce him on that date or the next date, the 23rd December 1958, the service reports of the notices, which had to be served in another district, were not received and fresh notices were issued; The case was subsequently transferred to the court of another Magistrate, who issued summons to the accused and notice to the bailor on the 16th Junuary 1959. The service reports were not received on the next date, the 16th February 1959. On the last date, that is, the 4th March 1959, the accused was present and he filed two petitions. One petition was for bail. In the other petition the accused prayed for his acquittal under Section 247 on the ground that the complainant was absent. Hazri had been filed by the law, agent of the complainant. But the law agent also did not respond on repeated calls by the court; and at about 1-40 P.M. the Magistrate acquitted the accused under Section 247. This appeal is directed against this order of acquittal.