The amendment to Section 52A of the Wakf Act lacks retroactive effect, invalidating charges against actions preceding the amendment.

O R D E R

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 on 03.05.2019 she surrendered vacant possession of the shop room. In other words, Annexure-A6 order has become final and she has already surrendered vacant possession of the shop room. All the same, Annexure-A5 complaint is pending before the Judicial First Class Magistrate's Court where offence under Section 52A of the is alleged against her. Now the petitioner wants to quash the proceedings.

3. After hearing the learned counsel for the petitioner and the fair submissions of the learned Standing Counsel for the 1^st respondent, I have no doubt that such a proceedings cannot sustain against the petitioner. Firstly, by virtue of Annexures-A6 and A7 proceedings the matter has become infructuous. She has already surrendered vacant possession of the shop room and now the Board has taken over possession of the same. Secondly and more importantly, Section 52A of the Wakf Act had come into force only on 01.11.2013 by an amendment. This penal provision does not have retrospective operation. Therefore, the alleged act committed by her prior to the amendment to the statute cannot sustain.

For these reasons, entire proceedings in CC 778 of 2018 on the file of the Judicial First Class Magistrate's Court-II, Kannur are quashed. The Crl.M.C. is allowed and the petitioner shall stand exonerated.

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