THE HONOURABLE SRI JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO.14143 OF 2010 DATED: 23rd JUNE 2010.
BETWEEN:
R.SALAHUDDIN .. PETITIONER AND THE SUPERINTENDENT OF POLICE KURNOOL DISTRICT, KURNOOL ANDOTHERS .. RESPONDENTS THE HONOURABLE SRI JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO.14143 OF 2010 ORDER:
This writ petition has been filed by R.Salahuddin assailing the action of respondent Nos.1 to 3 in interfering with the disputes with the petitioner and 4th respondent-P.Rahmatulla.
2. The petitioner claims to be one of the members of the Board of Trustees of Shahi Jamia Masjid, Adoni, Kurnool District. Some disputes cropped up among the members of the Board of trustees with regard to the management of Shahi Jamia Masjid. The 4th respondent who is one of the trustees of Shahi Jamia Masjid filed a complaint before the police. There upon, the Station House Officer, I Town Police Station, Adoni registered a case in Crime No.118 of 2010 dated 18.5.2010 for the offences under sections 177, 200, 201, 203, 406, 420, 465 of IPC against the petitioner and two other trustees. During the course of investigation some documents such as Minutes book etc. were stated to have been seized by the police. Assailing the action of the police the petitioner approached this court by invoking jurisdiction under Article 226 of the Constitution of India.
3. When the writ petition came up for admission learned Assistant Government Pleader for Home takes notice on behalf of the respondent Nos.1 to 3.
4. Heard learned counsel appearing for the parties.
5. Learned counsel appearing for the petitioner submits that the 4th respondent foisted the case against the petitioner and instigated the police to seize certain documents relating to the trust.
6. A fact remains that the 3rd respondent registered a case in Crime No.118 of 2010 basing on the report presented by 4th respondent. During the course of investigation certain documents came to be seized. If the petitioner intends to have the custody of the documents for interim custody he has to take recourse either under section 451 or 457 of Criminal Procedure Code, whichever is applicable. Invoking jurisdiction under Article 226 of the Constitution of India in the given circumstances of the case is misconceived.
7. Accordingly, this writ petition is dismissed.
23rd June, 2010. ( B.Seshasayana Reddy,J ) tnb 33 THE HONOURABLE SRI JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO.14143 OF 2010 DATED: 23rd JUNE 2010.