SHAHZAD KALAM Vs. STATE OF BIHAR AND OTHERS

JUDGEMENT

(1.) Heard learned counsel for the petitioner and learned counsel for the State.

(2.) This application has been filed for quashing the order dated 20.01.2014 passed by the learned Sessions Judge, Nalanda, Biharsharif in Criminal Revision No. 310 of 2013 by which he has affirmed the order dated 30.05.2013 passed by Sri Bipin Kumar, Judicial Magistrate 1st Class, Biharsharif, Nalanda in Complaint Case No. 1447C of 2011, Trial No.3145 of 2013, by which he has dismissed the complaint petition under section 203 of the Code of Criminal Procedure.

(3.) The prosecution case, as alleged in the complaint petition by the complainant Shahzad Kalam (Nayab Doem) of Sogara Wakf Estate, Wakf No. 2, Nalanda at Biharsharif is that the then Mutawalli, Md. Faisal @ Munna Siddiqui of the said Wakf under a criminal conspiracy has misappropriated the property of the Institution along with other accused persons. It is further alleged that the opposite party no.2 cut the Seesam tree which was standing in the premises of the old hostel of the Institution and distributed among all the accused persons. It is further alleged that in auction the opposite party no. 2 sold the old bricks of the old hostel for a consideration of Rs. 1,00,000/- but did not deposit the same in the name of Sogara Wakf Estate. It has further been alleged that the general public of Muslim community got the accused persons released from their post through the Bihar State Sunni Wakf Board and even got money withdrawn after their removal from the post to the extent of Rs. 3,93,356/-. On the said complaint, the complainant was examined on solemn affirmation. The learned Magistrate after taking into consideration as well as the material produced before him by both oral and documentary dismissed the complaint under section 203 of the Code of Criminal Procedure. The allegation concerned with the property of Wakf under the Wakf Act. Section 33 (6) and Section 85 of the Wakf Act, 1995 provide sufficient safeguards for act done under the Wakf Act. Section 33 of the Wakf Act, 1995 describes for handling of the matter agitated by the complainant in the complaint petition. The learned Magistrate after taking into consideration Sections 33 and 85 of the Wakf Act,1995 regarding the bar of jurisdiction to the Civil Courts, dismissed the complaint on the ground that this is not an appropriate Court to deal with the matter as the mechanism provided under the Wakf Act so did not make out sufficient ground to proceed further. The Sessions Judge, Nalanda also dismissed the revision petition preferred against the order rejecting the complaint under section 203 of the Code of Criminal Procedure.