Police report not equal to complaint; case for alienating Wakf property quashed

NT Correspondent

Bengaluru: The High Court of Karnataka quashed a case against a private individual for allegedly alienating Wakf property staating that a trial court cannot take cognizance of this offence based on a police investigation or report but only on a direct complaint.

The single judge bench of Justice Shivashankar Amarannavar was hearing a criminal petition filed by one Sayyad Murtuza Sayyad Kasim Khaji, a 48-year-old businessman from Guledagudda in Bagalkote.

A case against him under Section 52-A of the Waqf Act is pending before the Additional Civil Judge and JMFC. One Rahamatulla, a Wakf officer of Bagalkote district had registered a first information report (FIR) against Khaji at the Guledagudda police station.

Based on the FIR the police had registered the case for the offence under Section 52-A and completed the investigation. They then filed a charge sheet against Khaji and submitted it to the court.

The trial court took cognizance of the offence based on the charge sheet and registered the case. Khaji approached the HC against it.

His counsel argued that as per Section 52-A(3) the Court has to take cognizance only on the compliant made by the Board or any office duly authorized by the State Government.

But in this case the cognizance was based on a police report. The HC in its judgement noted that “The learned Magistrate has taken cognizance by order dated 06.04.2021 on the basis of the charge sheet/report against this petitioner for the offence under Section 52-A of the Waqf Act, 1995. The said cognizance taken by the learned Magistrate is not on complaint but it is on Police report. There is express legal bar engrafted in Section 52-A (3) of the Waqf Act, 1995 to take cognizance of the police report as the term used is “complaint”.

Therefore the HC said that the case has to be quashed. “In view of above, taking cognizance by learned Magistrate based on police report against this petitioner for the offence under Section 52-A Waqf Act, 1995 is bad in law. Hence, proceedings initiated against this petitioner in C.C.No.400/2021 pending on the file of Additional Civil Judge and JMFC Badami, sitting at Guledgudda are to be quashed,” it said.

However the HC said that the Waqf Board or any officer authorized by the State government is at liberty to file a complaint under Section 200 of the Criminal Procedure Code before the jurisdictional Magistrate on the issue. (Crlp 100697/2023)