Tarun Kumar Gupta, J.

The petitioner Sk. Ashraf Ali has filed this application under Section 401 read with Section 482 of the Code of Criminal Procedure praying for setting aside the order dated 29th November, 2012 passed by learned Additional Chief Judicial Magistrate, Contai in Misc. Case No.188 of 2011.

2. The present petitioner filed one application under Section 68 of the Wakf Act, 1995 (hereinafter to be referred as Act of 1995) in the court of learned Additional Chief Judicial Magistrate, Contai which was registered as Misc. Case No.188 of 2011. The specific case of the petitioner was that he was the Secretary/Mutwalli of Madrasah Tarbeateul Quran (hereinafter to be referred as said Madrasah) but due to his ill health he resigned from said post in 2003. Thereafter, opposite party No.2 Abu Taher Khan was selected as the Secretary/Mutawalli of said Madrasah but due to his misconduct he was removed from said post and the petitioner was again selected as the secretary/Mutawalli of said Madrasah by the Managing Committee. The Wakf properties of said Madrasah have since been registered with the appropriate authority under Section 36 of the Act of 1995 under E. C. No.15518