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2022 Supreme(Ker) 1018

K. HARIPAL
Karikunni Puthiya Purayil Hajira – Appellant
Versus
Kerala State Wakf Board, Represented By Its Authorized Officer, P. C. Shamsheer Ali – Respondent


Advocates Appeared:
For the Petitioner: T.P. Sajid.
For the Respondents: Shri. Jamsheed Hafiz, SC, Waqf Board, Sr.PP - Sri. Hrithwik C.S.

ORDER :

1. Petitioner is the accused in C.C.778 of 2018 pending before the Judicial First Class Magistrate's Court-II, Kannur, which was taken on file on a complaint filed by the Wakf Board represented by its Authorised Officer, alleging offence under Section 52A of the Wakf Act.

2. Facts of the case are not disputed. Petitioner was given possession of a shop room belonged to Muhiyudheen Mosque Paripalana Committee of Kannur for running a juice shop; that later the Wakf Board initiated proceedings against her for eviction and, by Annexure-A3 proceedings dated 02.02.2017, an order was passed under Section 54A of the Wakf Act for evicting her, treating her as an encroacher. She challenged that order before this Court which was not accepted and later the said complaint was preferred under Section 190 of the Cr.P.C. alleging the above stated crime. Meanwhile, the Board moved the Wakf Tribunal, Kozhikode for getting her evicted. By Annexure-A6 order dated 22.10.2018 that O.A. was allowed and she was directed to give vacant possession of the shop room to the Wakf Board. Pursuant to Annexure-A7 report she approached the Authorised Officer and handed over the key of the shop room and thus o

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