Though this matter is listed for admission, with the

consent of learned counsel for parties, it is taken up for

final disposal.

2.

Heard the learned counsel for the petitioner

and the learned High Court Government Pleader for the

fifth respondent - State.

3.

This petition is filed under Section 482 of

Cr.P.C. with the following prayer:

"The petitioner is praying to call for the

records AND quash the order dated:31.05.2019

passed by the Prl. District & Sessions Judge at

Raichur in Criminal Revision Petition No.130/2017

and remand back the matter to the Judicial

Magistrate First Class-II Raichur in P.C.No.71/2015

& to take the cognizance and proceed against the

respondent no.1 to 4 herein in the interest of

justice and equity."

4.

Brief facts of the case are as under:

A private complaint came to be filed by one Sayed

Tahasen contending that respondent Nos.1 to 4 herein

4

hatched a conspiracy and filed a false application before

the Chief Executive Officer, Karnataka State Board of Wakf

by filing a false affidavit and forged a Wakfnama and

submitted the application for registration of Khanquah and

Sajjada Nasheen Dargah. The accused No.1/respondent

No.1 impersonated himself as Sajjada Nasheen Dargah

and Khanquah Muthavalli by creating false and forged

documents,

obtained

sanction

from

the

concerned

department with an intention to mislead the public at

large. In this regard, the petitioner herein sought for

action against the respondent Nos.1 to 4/accused for the

offences punishable under Sections 120-B, 215, 218, 420,

423, 425, 463, 464,468 read with Section 34 of IPC. The

said private complaint came to be rejected by the learned

Magistrate.

5.

Being aggrieved by the same, the complainant

has preferred Criminal Revision Petition No.130/2017. The

learned Principal District and Sessions Judge, Raichur after

securing the records and after hearing the parties in detail

5

recorded a categorical finding that the complaint, which

was filed by the complainant was referred to the police and

thereafter words, 'B' final report came to be filed by

Sadarbazar police. The learned Sessions Judge has also

referred to the civil suit pending between the parties in

O.S.No.141/2015 and recorded a finding that there is no

truth in the complaint averments and dismissed the

revision petition. Being aggrieved by the same, the

petitioner is before this Court.

6.

In the petition, following grounds have been

raised:

It is submitted that order passed by the learned

Magistrate is without application of mind, without

assigning any genuine reasons as such capricious &

illegal.

It is further submitted that both the court below

failed to understand the very case of the complainant

& failed to appreciate the evidence both oral &

documentary.

6

It is further submitted that both the court below

failed

to

understand

that

without

order

of

Muthavalliship to passed by the chief Executive

officer, Wakf Board Bangalore used by the said seal

on Ex.P.I & Ex.P.2 thus cheated the public & those

fact has not been appreciated.

That the Accused Nos. 1 to 4 used the Wakf nama as

per Ex.P.5 & true translation Ex.P.5 (a) without

authority, ownership without documentary evidence.

The letter of District Wakf officer dated 21.10.2015

as per Ex.P.7 regarding furnishing of information i.e.

certified copies of all required documents it shows

that the accused used1 the documentary evidence &

learned Magistrate failed to consider it & overlooked

the matter in respect of Ex.P.3 to P.5 (a) reached the

impugned conclusion & all these offence committed

can only be determined during the trial for which full

fledged trial is required.

7.

Reiterating the above grounds, the learned

counsel for the petitioner vehemently contended that both

the Courts have not properly appreciated the material

evidence on record that the documents filed by respondent

7

Nos.1 to 4/accused were forged and therefore, the petition

needs to be allowed.

8.

Per contra, the learned counsel for the

respondent No