Court No. - 43
Case :- CRIMINAL MISC. WRIT PETITION No. - 2739 of 2019 Petitioner :- Fazal Husain Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Rakesh Chandra Counsel for Respondent :- G.A.
Hon'ble Pankaj Naqvi,J. Hon'ble Umesh Kumar,J.
Heard learned counsel for the petitioner, the learned AGA and perused the impugned F.I.R, as well as material brought on record.
The relief sought in this petition is for quashing of the F.I.R. dated 28.9.2018 registered as Case Crime No. 1263 of 2018, State of U.P. Vs. Fazal Husain, under sections 420 and 384 IPC P.S. Quarsi District Aligarh.
Learned counsel for the petitioner submits that the petitioner is legally appointed Secretary of Waqf Qabristan, Bhatiyaran situated in Aligarh, which has been registered as Waqf No. 137- Aligarh, for the same cause of action, earlier also FIR in Case Crime No. 1234 of 2018 under Section 447 I.P.C and Section 3/5 Prevention of Damage to Public Property Act was lodged which was challenged, vide Criminal Misc. Writ Petition No. 31043 of 2018 in which co-ordinate Bench, vide order dated 30.10.2018 has granted protection, copy of which has been filed as Annexure-8 to the writ petition, further argument is that in respect of the Waqf properties one Ashok Kumar has filed O.S. No.629 of 2018 in the court of Civil Judge (Senior Division) which is pending, the petitioner is regularly depositing the rent of the Waqf properties in the UP Sunni Central Waqf Board, Lucknow, the petitioner has never given any Waqf land to anybody and the occupants, if any, are continuing in possession much before appointment of the petitioner as Secretary of the Waqf.
Per contra learned A.G.A, submitted that from the perusal of the impugned F.I.R, and on the basis of the allegations made therein, it cannot be said that no cognizable offence is disclosed against the petitioner.
After having heard learned counsel for the parties and perusing the impugned F.I.R, we are not inclined to quash the same.
However, considering the peculiar facts and circumstances of the case, we direct that investigation of the aforesaid case shall go on but the petitioner shall not be arrested till the submission of police report under Section 173(2) Cr.P.C, subject to their extending full co-operation during investigation.
With the aforesaid direction, this petition is finally disposed of. Order Date :- 31.1.2019 Ram Murti