Abu Talib Husain vs State of Uttar Pradesh

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(All) 1110

ARUN KUMAR SINGH DESHWAL
Abu Talib Husain – Appellant
Versus
State of Uttar Pradesh – Respondent

Advocates:
Advocate Appeared:
For the Appellant : Ashfaq Ahmed Ansari.

JUDGMENT :

ARUN KUMAR SINGH DESHWAL, J.

1. Heard Sri Ashfaq Ahmad Ansari, learned counsel for the applicants and learned AGA for the State.

2. The present 482 Cr.P.C. application has been filed to quash the entire proceedings of Case No. 1618 of 2022, State vs. Abu Talib Husain including charge-sheet no. 190/22 dated 09.08.2022 arising out of Case Crime No. 163 of 2022, under Sections-323, 504, 506, 354 I.P.C., Police Station-Kotwali Nagar, District-Saharanpur as well as summoning order dated 3.9.2022 passed by learned Additional Chief Judicial Magistrate, Saharanpur and (Case No. 1740 of 2022) is pending before the learned Ist Additional Civil Judge (Jr. Div)/Judicial Magistrate, Saharanpur.

3. Contention of learned counsel for the applicants is that the impugned FIR was lodged and charge-sheet was filed after conducting investigation on which cognizance was also taken by the Court but as per Section-101 of Wakf Act, 1995 (hereinafter referred to as the ‘Act 1995’), mutawalli of wakf would be deemed to be a public servant within the meaning of Section-21 of Indian Penal Code, 1860 (hereinafter referred to as the ‘IPC’). Applicant no. 1 is mutawalli of wakf Karbala, Nai Basti, Behat Ro