• Quashing a charge sheet and a civil suit in Waqf Tribunal

Dear Kanoon / Admin,
I have posted the last free follow up question yesterday night addressed to Mr. Ajit Jogle when the mail sent to me by you to rate Mr. Ajit Jogle. I rated him as GOOD, and the page prompted me to do so from within the mail and when the page opened up and said I can ask one free follow up question. I had specifically addressed my query to Mr. Jogle. But despite the passage of almost 14 hrs. since my last post, my second follow up question or his answer to it has not been show case under My Questions. I wonder where has the question gone? Please help me.
Ansar Naqvi
My question was with regard to approaching the A.P. High Court U/s 482 and or 561 of Cr. P.C. and pray for quashing the civil suit in the A.P. State Waqf Tribunal and Criminal complaint, F.I.R. and Charge Sheet on the grounds of lack of Jurisdiction, since there is a legal bar against the institution  or continuance of the proceedings U/s 52 A (3) which reads:"Section 52 A (3) No court shall take cognizance of any offence under this section except on a complaint made by the Waqf Board or any officer duly authorized by the state Government in this behalf."
Because in both cases the complaint is not filed by the Waqf Board and there is an express bar on all courts for taking cognizance of any offence under section 52 A, filed by a private person.
The other grounds for invoking the inherent power of the High Court U/s 482 and or 561 of Cr. P.C.are:
(ii) where the allegations in the first information  report or complaint   did not make out the offence alleged; And In our case whether the property concerned is a waqf property or not is not yet decided. It can only be decided by the Waqf Tribunal only if the Waqf Board files a Suit for eviction and repossession in the tribunal. So long as the property in question  is not proved to being a Waqf and being a religious structure or a place of worship or any object held sacred by any class of persons or a burial place, or  any place of sepulcher, or any place set apart for the performance of funeral rites or as a depository for the remains of the dead, the question does no arise of any defilement, insult to the religion or religious sentiments of any class or group of persons, or outraging of religious feelings of any class by insulting its religion or religious beliefs or wounding the feelings of any person.
The question of insulting the religion of any person, with the intention and knowledge that the feelings of any person are likely to be wounded, or that the religion of any person is likely to be insulted thereby and the accused commits any trespass, defilement, demolition, or changing the nature of occupancy of a place also does not arise until it is proved beyond doubt that the premises or structure was religious in nature.
(iii)where  either  there was no legal evidence adduced  in support of  the charge or the evidence adduced clearly  or manifestly failed to prove the charge and will not lead to conviction.
Asked 7 years ago in Criminal Law
Religion: Muslim

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11 Answers

1) Mr Ajit jogle must have not replied to your question

2) hence the answer is not reflected on the website

3) quashing as mentioned earlier is to be done only in exceptional circumstances

4) wait for police investigation to be completed and charge sheet filed then take a call on filing application for quashing under section 482 cr pc

Ajay Sethi
Advocate, Mumbai
96803 Answers
7810 Consultations

Take the plea that it is a civil dispute and no offence as alleged in FIR have been committed by accused

2) take the plea that property is not a wakf property and no complaint has been filed by wakf board

3) that no investigations have been committed by police and charge sheet is verbatim reproduction of FIR

Ajay Sethi
Advocate, Mumbai
96803 Answers
7810 Consultations

This case is fit for the quashing under the guidelines issued by the supreme court in state of Haryana vs bhajan Lal 1994. However it is settled law that court should not exercise power under section 482 CRPC in mechanical manner but where the allegations are false or after tracking all the evidence as true no offence is made out against accused then the court is bound to quash the preceding immediately. It is a civil dispute and no criminal proceeding could be initiated therefore this is clearly an abuse of process of law.Vijaya Rao versus state of Rajasthan (2005) 7 SCC it is held by the supreme court that if ingredients constituting section 420 IPC is lacking in the FIR then the proceeding against the petitioner must be quashed.

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

As told earlier your's is a good case for filing a quash petition.

For the reason that criminal flavor has been given to the civil dispute and that no complaint has been filed by the Waqf Board.

Also that the investigation agency are acting in connivance with the complainant and show relevant documents to prove the said fact.

regards

Anilesh Tewari
Advocate, New Delhi
18090 Answers
377 Consultations

You have a very good case on facts to go for FIR quashing, since the charges ingredient are also missing.

Contact a local lawyer and file a case accordingly.

Regards

Anilesh Tewari
Advocate, New Delhi
18090 Answers
377 Consultations

1.Section 561 CrPC was in the old CRPC which was replaced in 1973 by a new code. IN the new code the inherent power of the HC is preserved in Sec.482 Cr.P.C. IN exercise of the power u/s 482 CRPC the HC can quash only a criminal and not a civil proceeding.

2. To quash a civil proceeding or an order you may file a petition under Article 227 of the Constitution of India.

3. Consult a lawyer with a copy of FIR without perusal of which nothing can be said.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

My question was with regard to approaching the A.P. High Court U/s 482 and or 561 of Cr. P.C. and pray for quashing the civil suit in the A.P. State Waqf Tribunal and Criminal complaint, F.I.R. and Charge Sheet on the grounds of lack of Jurisdiction, since there is a legal bar against the institution or continuance of the proceedings U/s 52 A (3) which reads:"Section 52 A (3) No court shall take cognizance of any offence under this section except on a complaint made by the Waqf Board or any officer duly authorized by the state Government in this behalf."

The contents mentioned in your question is a matter of trial, what prevents you from facing trial if you strongly feel that this is a false case and ther is no evidence to take cognisance of the case or whether you have filed a petition under section 482 cr.p.c. before high court seeking to quash the FIR which is based on the false complaint and without any evidence or material facts.

Section 561A may not be applicable to this situation because

Exercise of power under Section 561A Cr.P.C. is the exception and not rule

Inherent jurisdiction of High Court under Section 561A Cr.P.C. may be exercised :-

1. To give effect to an order under the Code.

2. To prevent abuse of the process of Court.

3. To otherwise secure the ends of justice

This section makes it clear that the provisions of the Code are as intended to limit or affect the inherent powers of the High Courts. Obviously the inherent power can be exercised only for either of the three purposes specifically mentioned in the section. This inherent power cannot naturally be invoked in respect of any matter covered by the specific provisions of the Code. It cannot also be invoked if its exercise would be inconsistent with any of the specific provisions of the Code.

This is a public forum where all the member advocates will be giving their opinions, you cannot compel any particular advocate to revert to your questions, if you want that advocate's opinion alone, you can book a consultation with that advocate and his personal opinion through this forum itself, there are facilities for that also.

You cannot hold that advocate responsible if he is not interested to render further opinion to your follow up questions.

T Kalaiselvan
Advocate, Vellore
87004 Answers
2335 Consultations

In the subsequent query you have mentioned your apprehensions and expressions and also the observations with regard to the lacuna in the criminal complaint.

If you are confident of all these irregularities as observed, you can very well challenge the criminal case in the court accordingly.

Nothing prevents you from producing all the evidences that support your defence to challenge the current case on th e basis of your observations.

You may brief your advocate on all these points and discuss with him to prepare a solid platform to challenge the case in the trial proceedings.

T Kalaiselvan
Advocate, Vellore
87004 Answers
2335 Consultations

You are at liberty to fine petition in HC for quashing of FIR as no complaint has been made by wakf board or by state govt through its authorised officer

Ajay Sethi
Advocate, Mumbai
96803 Answers
7810 Consultations

Law is not framed to dance to an individual's fancies and whims. Law is common for all. If somebody do not want to understand law of the land or dont want to obey it, then they will be made to realise the music of law accordingly. Do Law cannot be tuned to favor an individual's taste or his desire. If you have grievances against the incidents that have been forced on you, there are various options and machineries to address your problems.

Have you approached high court with proper representation as per provisions of law to seek redressal of your grievances including quash petition.

You should discuss with your lawyer properly, if you feel your lawyer is not capable to handle, you may change the lawyer or take a second opinion with a differnt lawyer before proceedings in a wrong direction.

There is no use in getting annoyed over everyone without understanding the backgrounds and the law involved in it properly.

T Kalaiselvan
Advocate, Vellore
87004 Answers
2335 Consultations

As told earlier since the matter is being proceeded without jurisdiction you have fair chance of getting the same decided and quashed in the HC.

Contact a local alwyer and get the entire proceedings quashed.

Regards

Anilesh Tewari
Advocate, New Delhi
18090 Answers
377 Consultations

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