IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE G.GIRISH TH THURSDAY, THE 9 DAY OF JANUARY 2025 / 19TH POUSHA, 1946 CRL.MC NO. 1418 OF 2019 IN CC NO.704 OF 2015 OF JUDICIAL FIRST CLASS MAGISTRATE COURT - I, KARUNAGAPPALLY PETITIONER/2ND ACCUSED:

NAZAR AGED 59 YEARS, VARAMBEL PUTHEN VEEDU,S.V.MARKET.P.O, AYANIVELIKULANGARA,KARUNAGAPPALLY, PIN - 690 573.

BY ADV T.R.RAJAN RESPONDENTS/COMPLAINANT & 1ST ACCUSED:

1 THE KERALA STATE WAQF BOARD REPRESENTED BY ITS AUTHORIZED OFFICER SRI.A.HABEEB, DIVISIONAL OFFICER, KERALA STATE WAQF BOARD, POONTHI ROAD, KUMARAPURAM, MEDICAL COLLEGE.P.O, THIRUVANANTHAPURAM, PIN - 6950 11.

2 M.ANZAR, AGED 61 YEARS, S/O MUHAMMED SALI, SHAJAHAN MANZIL, PADA SOUTH, KARUNAGAPPALLY, KOLLAM - 690 518.

BY ADV SRI.T.P.SAJID, SC, KERALA STATE WAQF BOARD SRI JAMSHEED HAFIL, SC WAQF BOARD.

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 09.01.2025, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

G. GIRISH, J.

---------------------------- Crl.M.C.No.1418 of 2019 -------------------------------------

Dated this the 9^th day of January, 2025

ORDER

The petitioner herein is the 2^nd accused in C.C.No.704 of 2015 on the files of the Judicial First Class Magistrate Court, Karunagappally, a case instituted on complaint by the Kerala State Waqf Board in connection with the commission of offence under Section 52A of the Waqf Act, 1995.

2. The alleged alienation of the Waqf property is said to have happened during the year 2010. Taking note of the above aspect, in a Crl.M.C. filed by the 1^st accused as Crl.M.C.No.2279 of 2018, this Court had quashed the proceedings against the 1^st accused as per order dated 30.10.2024. It was observed in the aforesaid order that since Section 52A of the Waqf Act was not there in the statute book during the year 2010, when the alienation of the property took place, it is not possible to initiate prosecution proceedings against the accused therein.

3. The learned counsel for the Waqf Board fairly conceded that as per the dictum laid down by this Court in Sreelatha v. State of Kerala [2024 KLT Online 2816], there cannot be prosecution in connection with the alienation of properties prior to the coming into effect of Section 52A of the Waqf Act by invoking the said provision.

Therefore, the request in the present petition to quash the proceedings against the petitioner herein, has to be necessarily allowed. In the result, the petition stands allowed. The proceedings pending before the Judicial First Class Magistrate Court, Karunagappally in C.C.No.704 of 2015 as against the petitioner herein, who is the 2^nd accused in that case, stand quashed.

Sd/-

G. GIRISH JUDGE

ded

APPENDIX OF CRL.MC 1418/2019 PETITIONER ANNEXURES ANNEXURE A1 CERTIFIED COPY OF THE COMPLAINT IN C.C.NO.704/2015 ON THE FILES OF THE JUDICIAL FIRST MAGISTRATE COURT,KARUNAGAPPALLY.

ANNEXURE A2 TRUE COPY OF THE DECISION DATED 29/3/2014 OF THE ADMINISTRATOR OF THE KERALA STATE WAQF BOARD.

ANNEXURE A3 TRUE COPY OF THE JUDGMENT DATED 21/1/2015 OF THE WAQF TRIBUNAL,KOLLAM IN O.A.NO.2/2014.

ANNEXURE A4 TRUE COPY OF THE ORDER DATED 7/12/2016 OF THE CHIEF EXECUTIVE OFFICER OF THE KERALA STATE WAQF BOARD.

ANNEXURE A5 TRUE COPY OF THE ORDER DATED 18/1/2017 OF THE CHIEF EXECUTIVE OFFICER OF THE KERALA STATE WAQF BOARD.