Mir Qamar Hasan Razvi, v. Sri Habeebuddin, And Another,

SMT JUSTICE T.RAJANI CRIMINAL PETITION No.7294 OF 2011 ORDER:

This Criminal Petition, under section 482 of Cr.P.C., is filed by the Petitioner/A-3 seeking to quash the proceedings in Crime No.215 of 2011 of Abid Road Police Station, Hyderabad, registered for the offences punishable under Sections 420 and 468 of I.P.C.

2.

Heard learned counsel for the petitioner, learned Public Prosecutor, appearing for the 2nd respondent - State, and learned counsel for the 1st respondent - de-facto complainant.

3.

Learned counsel for the petitioner submits that the proceedings against the other accused in this Crime were already quashed. 4.

But, a perusal of the complaint shows that the main allegations are against this petitioner. A suit in O.S. No.26 of 1998 was filed by the petitioner on the file of A.P. Wakf Tribunal, Hyderabad, claiming himself to be Sahab-eMuntkhab Mutawalli of the Wakf, and the same was dismissed. 5.

The allegation against the petitioner is that, subsequently, a gazette notification was published by him as Mutawalli and that Sri M.A.Azeem, an Enquiry Officer, was appointed to verify the facts with regard to taking legal action against the person responsible for the said publication and it was found that there is a reference of the Board in the proceedings alleged to have been issued by one Sri Shaik Madar Saheb, Former C.E.O., now working in Civil Supplies Department, but nothing was on record to show that the said proceeding was officially issued by Sri Shaik Madar Saheb, and while issuing the proceedings cheated by using the words 'the Board examined the matter'; whereas, neither the matter was placed before the Board nor any meeting was conducted on 05.01.2009, the day on which the alleged proceedings were issued. With these allegations it is alleged that the said notification was fabricated and forged.

TR,J Crl.P. No.7294 of 2011 6.

Hence, in view of the nature of allegations, this Court opines that this is not a fit case to quash the proceedings against the petitioner, at this stage. 7.

Hence, the Criminal Petition is dismissed.

8.

As a sequel, the miscellaneous petitions, if any pending, shall stand dismissed.

______________________ T. RAJANI, J Date: 24.09.2018.

Dsh

SMT JUSTICE T.RAJANI TR,J Crl.P. No.7294 of 2011 26092018 CRIMINAL PETITION No.7294 OF 2011 Date. 24.09.2018 DSH