SYED MOHD.NASEERUDDIN JILANI Vs. STATE OF TELANGANA

JUDGEMENT

(1.) The petitioner is questioning the charge sheet filed by the Chandrayangutta Police in C.C.No.379 of 2017 on the file of Chief Metropolitan Magistrate, Nampally, Hyderabad for the offence under Ss. 406 and 420 of IPC.

(2.) The case of the defacto complainant is that the petitioner/A1 and another, who are mutawallis of Towliath committee received income/ revenue from the properties pertaining to Noria Noor Industries, Nooria Arabic College, Khankhan-e-nooria and its attached properties. The funds which were collected from the donors were misused for personal gains. The budget was not submitted and also the income and expenditure statement to the Waqf Board. Without taking permission from the Waqf Board, function hall was constructed in the property attached by Waqf. The said property generated heavy revenues, but the accused without showing the generated revenue, misused the funds. The funds received by way of donations were also misappropriated. The said complaint was filed by the Chief Executive Officer of the Telangana State Waqf Board. On the basis of the said complaint, the police filed charge sheet for the offences under Ss. 406 and 420 of IPC.

(3.) Learned counsel appearing for the petitioner would submit that Sec. 52-A of the Waqf Act, 1995 (for short 'the Act') penalizes any person who alienates or purchases or takes possession of, in any manner whatsoever, either permanently or temporarily any movable or immovable property being a waqf property, without prior sanction of the Board, shall be punishable. Further, under clause (3) of the Sec. 52-A of the Act, Court is restrained from taking cognizance except on a complaint made by the Board or any officer duly authorized by the State Government. Since charge sheet is filed by police, the cognizance taken in bad in law.