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2023 Supreme(SC) 438

S. RAVINDRA BHAT, DIPANKAR DATTA
P. V. Nidhish – Appellant
Versus
Kerala State Wakf Board – Respondent


Advocates appeared:
For the Appellant(s) Mr. R. Basant, Sr. Adv. Mr. Raghenth Basant, Adv. Mr. Senthil Jagadeesan, AOR Ms. Roopali Lakhotia, Adv. Mr. Ajay Krishna, Adv.
For the Respondent(s): Mr. Sayid Marzook Bafaki, AOR Mr. Haris Beeran, Adv. Mr. Mushtaq Salim, Adv. Mr. Azhar Asses, Adv. Mr. Nishe Rajen Shonker, AOR Mrs. Anu K Joy, Adv. Mr. Alim Anvar, Adv.

JUDGMENT :

S. Ravindra Bhat, J.

1. The present appeal1[Crl.A. No. 309/2023.] was heard finally, with the consent of counsel for parties. The appellants are aggrieved by the judgment of the Kerala High Court2[Dated 03.03.2016 in Crl. MC No. 5072/2015.] rejecting their petition under Section 482, Criminal Procedure Code, 1973 (hereafter “Cr. PC”). They had, through those proceedings, sought a direction to quash a criminal complaint instituted against them.

2. The appellants urge that one P.M. Mammu Haji leased two shop rooms (numbered as municipal numbers VII/214 and VII/215- hereafter “the premises”), long ago (in 1916), before the coming into force of the Wakf Act. “Norman Printing Bureau” (hereafter “the Bureau”) was a concern of Achuthan Nair; it was functioning in the premises. A partnership firm was later created, with one P.V. Sami as a partner. The firm continued all these years and continues now. The Bureau publishes ‘Norman Almanac’ containing astronomical data used in astrology.

3. The respondents allege that P.M. Mammu Haji created a wakf in 1951. After his death, a suit was filed by his legal heirs (O.S. No. 130/1965 before the Sub Court, Calicut) to remove the trustee. Ther


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