The central legal point established in the judgment is that the court's cognizance for an offence under Section 52-A of the Waqf Act, 1995, must be based on a complaint made by the Board or authorized officer, as explicitly required by the statutory provisions.

ORDER :

This petition is filed under Section 482 of Criminal Procedure Code (hereinafter referred to as the “Cr.P.C.”, for brevity) praying to quash the entire proceedings in C.C.No.400/2021 pending on the file of the Additional Civil Judge and JMFC, Badami sitting at Guledagudda arising out of the Crime No.37/2020 of Guledagudda P.S. and registered for the offence punishable under Section 52-A of Waqf Act, 1995.

2. Heard the learned counsel for the petitioner and learned High Court Government Pleader for respondents.

3. The respondent No.2-Waqf Officer of Bagalkote District has filed first information before the Station House Officer of Guledagudda P.S. On the basis of the said first information, the Guledagudda Police have registered the case in Crime No.37/2020 against this petitioner for the offence under Section 52-A of the Waqf Act, 1995. Police after completing the investigation, filed a charge sheet against this petitioner for the offence under Section 52-A of the Waqf Act, 1995.

4. Learned Additional Civil Judge and JMFC, Bagalkote, sitting at Guledgudda, took cognizance for the offence under Section 52-A of the Waqf Act, 1995 against this petitioner based on the charge sheet filed by the Guledagudda P.S. and registered C.C.No.400/2021. The petitioner has sought for quashing of the proceedings initiated against him.

5. Learned counsel for the petitioner would contend that, as the offence alleged against the petitioner is under Section 52-A of the Waqf Act, 1995, as per Section 52-A (3) of Waqf Act, the Court has to take cognizance only on the compliant made by the Board or any officer duly authorized by the State Government in this behalf. The learned Magistrate has taken cognizance based on the police report. Therefore, the proceedings against this petitioner are bad in law. With this, he prayed to allow the petition and quash the proceedings initiated against this petitioner.

6. Considering the contention taken up by learned counsel for the petitioner, it is beneficial to extract the provisions of Section 52-A of the Waqf Act, 1995, which reads as under:

52-A. Penalty for alienation of waqf property without sanction of Board.-(1) Whoever alienates or purchases or takes possession of, in any manner whatsoever, either permanently or temporarily, any movable or immovable property being a waqf property, without prior sanction of the Board, shall be punishable with rigorous imprisonment for a term which may extend to two years:

Provided that the waqf property so alienated shall without prejudice to the provisions of any law for the time being in force, be vested in the Board without any compensation therefor.

(2) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974) any offence punishable under this section shall be cognizable and non-bailable.

(3) No court shall take cognizance of any offence under this section except on a complaint made by the Board or any officer duly authorised by the State Government in this behalf.

(4) No court inferior to that of a Metropolitan Magistrate or a Judicial Magistrate of the first class shall try any offence punishable under this section.

As per Section 52-A (3) of the Waqf Act, the Court can take cognizance only on complaint made by the Board or any officer duly authorized by the State Government in this behalf.

7. The word “complaint” has been defined under Section 2(d) of Cr.P.C. which reads as under:

Section 2(d)-"complaint" means any allegation made orally or in writing to a Magistrate, with a view to his taking action under this Code, that some person, whether known or unknown, has committed an offence, but does not include a police report.

8. As per the above definition, it does not include a police report. The Police report has been expressly excluded in the definition of complaint under Section 2(d) of the Cr.P.C.

9. The respondent No.2-Waqf Officer has filed first information before the Station House Officer of Guledgudda P.S. and case came to be