Order:

This Criminal Petition, under Section 482 Cr.P.C., has been filed on behalf of the petitioner/Accused, to quash the proceedings in Crime No.82 of 2023 of Sattenapalli Town Police Station, Palnadu district.

2. A case has been registered against the petitioner herein for the offence punishable under Section 420 IPC.

3. Brief facts of the case are that on 21.03.2022, as per the decision of the caste elders, the defacto complainant purchased marriage books from the petitioner/accused for an amount of Rs.500/- and performed the marriage of Ghouse Kareem and Shaik Meharun on 21.03.2022 evening by Pesh –Imam. Later, when they approached the Waqf Board for marriage certificate, they came to know that the marriage books, which were given to the complainant are invalid and could not be registered, as Khaji Noorulla of Sattenapalli constituency expired on 19.10.2020 and, thereafter, none was appointed as Khaji. The petitioner herein, in order to gain wrongfully, was selling marriage books by publishing his father’s stamp and cheating the innocent public and the Waqf Board.

4. Learned counsel for the petitioner denied the accusations that have been made against the petitioner herein in the FIR. He submits that the petitioner filed Writ Petition No.3720 of 2023 on the ground that he made an application for his appointment as Khaji in the place of his father, as his father expired, and the said Writ Petition was disposed of directing the official respondents therein to pass orders on the application of the petitioner herein. Thereafter, in view of registration of present case against the petitioner herein, his application was rejected.

5. On the other hand, learned Special Assistant Public Prosecutor submitted that as many as five witnesses were examined in the present case and investigation is at nascent stage. He further submitted that there are accusations as against the petitioner herein and truth or otherwise of the said accusations has to be decided during the course of investigation.

6. Heard. Perused the record.

7. The defacto complainant is the resident of Sattenapalli village. He is eking out his livelihood by working as a driver. They intended to perform the marriage of his cousin namely Ghouse Kareem with Meharun on 21.03.2022. For the said purpose, they enquired for marriage books, then they came to know that the petitioner herein is selling the books. Accordingly, the defacto complainant approached the petitioner herein on 21.03.2022 and asked for marriage books. Then, the petitioner herein gave two marriage books pertaining to bride and bride groom by taking Rs.500/-. The Pesh-Imam has performed the marriage at Achampeta road, Sattenapalli at the residence of the bride on 21.03.2022 evening. Thereafter, when the complainant went to the Waqf Board for issuance of marriage certificate, they stated that the books given to the complainant are not valid, hence marriage registration would not be done. They further stated that the Khazi, who happens to be father of petitioner, died on 19.10.2020 and since then no khazi was appointed. It is alleged that the muslims were bringing books from the Khajis of other constituencies and were performing the marriages. The petitioner is selling the books with his father’s stamp and cheating the gullible public as well as the Waqf Board. During discreet enquiry, it has come to light that the petitioner is selling the marriage books by taking money ranging from Rs.500/- to Rs.1000/-.

8. Admittedly, as on the date of supplying the books to the defacto complainant, the petitioner is not the Khaji. He only made an application for his appointment as Khaji in the place of his father and in connection with that Writ Petition No.3720 of 2023 was filed. By an order dated 27.04.2023, the said Writ Petition was disposed of directing the 2nd respondent therein to forward the application of the petitioner at the earliest and not later than three weeks from the date of receipt of the order to the 1st respond