IN THE HIGH COURT OF MADHYA PRADESH AT INDORE BEFORE HON'BLE SHRI JUSTICE VIVEK RUSIA &

HON'BLE SHRI JUSTICE BINOD KUMAR DWIVEDI ON THE 23^rd OF SEPTEMBER, 2025 MISC. CRIMINAL CASE No. 2576 of 2025 MR. SHABBIR BHAI PALANPURWALA Versus STATE BUREAU OF INVESTIGATION OF ECONOMIC OFFENCES AND OTHERS ..........................................................................................................................

Appearance:

Shri Surendra Singh, learned senior counsel assisted by Shri Qasim Ali, learned counsel for the applicant.

Shri Anand Soni, learned Additional Advocate General assisted by Shri Amit Rawal, learned Govt. Advocate for the respondent Nos. 1 & 2.

Shri Ibrahim Kannodwala, learned counsel for the respondent No. 3.

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ORDER

Per: Justice Binod Kumar Dwivedi This petition has been filed under Section 528 of Bharatiya Nagrik Suraksha Sanhita, 2023 (hereinafter referred for short as „BNSS‟) (earlier Signature Not Verified Signed by: SOUMYA Section 482 of the Code of Criminal Procedure, 1973) for quashment of impugned FIR registered at Crime No. 40/2024 dated 25.09.2024 by Police Station - Economic Offences Cell, Bhopal under Sections 409, 420, 467, 468, 471 & 120B of Indian Penal Code, 1860 (hereinafter referred for short „IPC‟) and Section 13(1)(c), 13(1)(d) and 13(2) of the Prevention of Corruption Act, 1988 (hereinafter referred for short „PC Act‟).

2) Draped in brevity, the facts of the case are that property in question belongs to „Mazar-e-Najmi Waqf‟ institution in Ujjain and the petitioner was its manager/Mutawalli. Day to day operations/administration and management of Mazar is carried out by Muntazims / Managers of the Mazar. It has several properties under its administration and management including the property involved in the present case, an open land admeasuring 83.76 square meter bearing old No. 3/1270 and new No. 237 situated at Golmandi Bakal, Kamri Marg, District Ujjain (hereinafter referred for short „property‟). Applicant was appointed as Manager of the Mazar in the year 2013 and he proceeded to execute a register a sale deed dated 27.11.2015 (Annexure A/1) for the sale of aforesaid property to Mr. Abbas Badwahwala, Ms. Banu Bai Badwahwala and Mr. Murtuza Badwahwala for consideration of Rs. 11,00,000/-. Complainant Qasim Ali, son of Abbas Ali had filed an application dated 01.06.2024 before the Superintendent of Police, E.O.W. along with an order dated 27.05.2024 Signature Not Verified Signed by: SOUMYA passed in Writ Petition No. 28523/2023 for registering an FIR against the applicant selling the property for extraneous consideration. He has also misused his official position as a public servant being Manager of the Mazar. After due enquiry, the impugned FIR was registered and investigation is in progress.

3) Learned counsel for the applicant submits that sale deed executed by the applicant being Manager of the Mazar was based on permission of the Waqf Board dated 11.09.2013 bearing No. Q/SDWJ/313. Applicant at the time of execution of sale deed also deposed on an affidavit, dated 16.11.2015 (Annexure A/2) inter alia that the property was being sold pursuant to the permission letter and it was filed before Sub-Registrar, Ujjain. He further submits that applicant under bonafide belief that permission letter was genuine and, therefore, proceeded to execute the sale deed. Consideration amount was deposited in the bank account of Mazar. No money, amount or benefits were received by the applicant for the sale consideration of the property. In the year 2016, when applicant realized that the permission letter on the basis of which he has got sale deed executed is questionable, he took immediate steps to get cancelled the sale deed and got registered a cancellation deed (Annexure A/3) dated 10.05.2016 and on execution of cancellation deed, the entire sale consideration received under the sale deed