Case Note & Summary
The petitioner, Shri Sayyad Murtuza Sayyad Kasim Khaji, filed a petition under Section 482 of the Code of Criminal Procedure, 1973 (Cr.P.C.) seeking quashing of the entire proceedings in C.C.No.400/2021 pending before the Additional Civil Judge and JMFC, Badami, sitting at Guledagudda, arising out of Crime No.37/2020 of Guledagudda Police Station for the alleged offence under Section 52-A of the Wakf Act, 1995. The petitioner was the sole accused in the case. The primary contention raised by the petitioner was that the prosecution under Section 52-A of the Wakf Act, 1995 could not be initiated without obtaining prior sanction under Section 104 of the said Act, and since no such sanction was obtained, the entire proceedings were void ab initio and liable to be quashed. The respondents, including the State of Karnataka and the complainant, were represented by the High Court Government Pleader. The court examined the provisions of the Wakf Act, 1995, particularly Section 52-A which prescribes penalties for certain offences, and Section 104 which mandates that no court shall take cognizance of an offence under the Act except with the previous sanction of the State Government or the Wakf Board, as the case may be. The court noted that the requirement of sanction under Section 104 is mandatory and not directory. In the absence of such sanction, the proceedings are without jurisdiction and cannot be sustained. The court also observed that the power under Section 482 Cr.P.C. can be exercised to prevent abuse of process of court and to secure the ends of justice. Since the proceedings were initiated without the mandatory sanction, they amounted to an abuse of process. Accordingly, the court allowed the petition and quashed the entire proceedings in C.C.No.400/2021 insofar as the petitioner is concerned.
Headnote
A) Criminal Law - Quashing of Proceedings - Section 482 Cr.P.C. - Section 52-A and Section 104 of Wakf Act, 1995 - Prosecution under Section 52-A of the Wakf Act, 1995 requires prior sanction under Section 104 of the Act - In the absence of such sanction, the proceedings are void ab initio and liable to be quashed - Held that the mandatory requirement of sanction under Section 104 of the Wakf Act, 1995 cannot be dispensed with, and the proceedings initiated without sanction are not maintainable (Paras 1-6).
Issue of Consideration
Whether the proceedings against the petitioner/accused under Section 52-A of the Wakf Act, 1995 can be sustained in the absence of mandatory sanction under Section 104 of the said Act?
Final Decision
The petition is allowed. The entire proceedings in C.C.No.400/2021 pending on the file of Additional Civil Judge and JMFC, Badami, sitting at Guledagudda, arising out of Crime No.37/2020 of Guledagudda Police Station for the alleged offence under Section 52-A of the Wakf Act, 1995, are quashed insofar as the petitioner/sole accused is concerned.
Law Points
- Sanction under Section 104 of Wakf Act
- 1995 is mandatory for prosecution under Section 52-A of the Act
- Lack of sanction renders proceedings void ab initio
- Section 482 Cr.P.C. can be invoked to quash proceedings without sanction
