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A. Salim @ A.Abdul Rahman v/s State rep. By The Inspector of Police, Tiruppur & Another

    Crl. O.P. No. 15575 of 2022 & Crl.M.P. 8774 of 2022

    Decided On, 11 July 2022

    At, High Court of Judicature at Madras

    By, THE HONOURABLE MR. JUSTICE N. SATHISH KUMAR

    For the Petitioner: M. Mohamed Riyaz, Advocate. For the Respondents: R1, E. Raj Thilak, Additional Public Prosecutor.



Judgment Text

(Prayer:Criminal Original Petition filed under Section 482 of Cr.P.C. to call for the records in Crime No.522 of 2022, pending on the file of the first respondent and quash the same.)

This Criminal Original Petition has been filed to quash the proceedings pending against the petitioner in Crime No.522 of 2022, on the file of the Inspector of Police, Tiruppur North Police Station, Tiruppur City, first respondent, for the offences punishable under Sections 143, 147, 294 (b), 341, 353 and 427 of the Indian Penal Code.

2. The allegation in the First Information Report is that there is a dispute in the affairs of the Wakf. Therefore, the petitioner/A.1 has filed O.A.No.15 of 2014 before the Wakf Tribunal/I Assistant City Civil Court, Chennai. Vide, order, dated 25/4/2022, they obtained interim order. However, on 4/5/2022, the above application was dismissed for default.

3. On 7/5/2022, the defacto complainant went to the mosque and on 11/5/2022, he assumed the direct management of the mosque. While so, the petitioner along with others have abused the defacto complainant and prevented him from discharging his official duties. As a result, the First Information Report was registered in Crime No.522 of 2022, for the offences punishable under Sections 143, 147, 294 (b), 341, 353 and 427 of the Indian Penal Code.

4. Heard Mr.M.Mohamed Riyaz, learned counsel for the petitioner and Mr.E.Raj Thilak, learned Additional Public Prosecutor for the first respondent.

5. The learned counsel appearing for the petitioner submitted that even according to the defacto complainant, the Wakf board has not passed any order, under Section 65 of the Act, which is a mandatory requirement for the assumption of direct management after the removal of Muthavalli, under Section 64 of the Wakf Act.

6. The learned counsel appearing for the petitioner further submitted that mere exchange of words will not come under the purview and scope of assault, as defined under Section 351 of the Indian Penal Code and hence the offence under Section 353 of the Indian Penal Code will not get attracted and seeks for quashment of Crime No.522 of 2022, pending on the file of the Inspector of Police, Tiruppur North Police Station, Tiruppur City, first respondent.

7. The learned Additional Public Prosecutor appearing for the State submitted that the petitioner has mismanaged the Wakf Board and hence, he was removed.

8. Considering the allegations made in the First Information Report and interim order which is already is in operation in favour of the petitioner and the dispute over the Management was seized by the Wakf Tribunal, this Court is of the considered view that the disputes which are purely civil in nature cannot be converted as criminal offence. The entire allegations of the First Information Report even taken as a face value, do not constitute as an offence, since the entire dispute is relating to the civil right, which is also seized by the Tribunal, continuing the prosecution is nothing but an abuse of process of law.

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r /> 9. Accordingly, this Criminal Original Petition is allowed and the proceedings pending against the petitioner in Crime No.522 of 2022, on the file of the Inspector of Police, Tiruppur North Police Station, Tiruppur City, against the petitioner/A1, alone is quashed. Consequently, the connected Criminal Miscellaneous Petition is closed.
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