The High Court quashed criminal proceedings instituted against 20 members of a Masjid for alleged defamation arising from a complaint filed with the Wakf Board regarding the President's mismanagement of the institution.
The criminal proceedings in C.C.No.7/2018 against petitioners-accused No.1 to 20 were quashed.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 20TH DAY OF JULY, 2022
BEFORE
THE HON’BLE MR. JUSTICE HEMANT CHANDANGOUDAR
CRIMINAL PETITION NO.2403/2018
BETWEEN:
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R/AT, N.S ROAD, HEJAMADI, UDUPI TALUK & DISTRICT PIN - 574 103.
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UDUPI TALUK & DISTRICT PIN - 574 103.
16. MOHAMMED
S/O. H.K ABDULLA, AGED ABOUT 30 YEARS, R/AT N.S ROAD, HEJAMADI VILLAGE AND POST, UDUPI TALUK & DISTRICT PIN - 574 103.
S/O. P.K ABUSALI HAJI AGED ABOUT 56 YEARS, R/AT PAMBATHOTA, KANNAMGAR BYPASS PADUBIDRI POST, NADSALU VILLAGE UDUPI TALUK & DISTRICT PIN - 574 111.
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...PETITIONERS
(BY SRI. NISHIT KUMAR SHETTY, ADVOCATE)
AND:
H.B MOHAMMED S/O HAJI H.B SULAIMAAN AGED ABOUT 55 YEARS, PRESIDENT, KANAMGAR JUMMA MASJID, HEJAMADI R/AT "BERANE BITHUL HOUSE" HEJAMADI, GUNDI HEJAMADI VILLAGE AND POST UDUPI TALUK & DISTRICT PIN - 574 103 …RESPONDENT
(BY SRI. MUZAFFAR AHMED, ADVOCATE)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF THE CODE OF CRIMINAL PROCEDURE, 1973 PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN C.C.NO.7/2018 (PCR NO.1056/2017) PENDING ON THE FILE OF THE II ADDITIONAL CIVIL JUDGE AND JMFC, UDUPI, FOR THE OFFENCE P/U/S 500 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR FINAL HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
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O R D E R
Private complaint was lodged under section 200 of Cr.P.C. alleging that petitioners No.1 to 20 who are the members of the Jumma Masjid filed a complaint with the Wakf Board alleging that the complainant who is the president has mismanaged the Jumma Masjid.
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Accordingly, I pass the following:
ORDER
i) The Criminal Petition is allowed
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ii) The impugned proceedings in C.C.No.7/2018
pending on the file of the II Additional Civil Judge and JMFC, Udupi, insofar it relates to petitioners-accused No.1 to 20 is hereby quashed.
The learned Magistrate to proceed against the accused No.21 in accordance with law without being influenced by this order.
Sd/JUDGE
HR
2 issues framed by the court
Whether filing a complaint against the President of a Masjid with the Wakf Board constitutes defamation when the proceedings originate from the Board's cognizance.
Whether alleging mismanagement of a religious institution before a statutory authority amounts to an offence under Section 499/500 IPC.
2 provisions across 2 enactments
Abdul Rehaman
M.H. Mohammed
Hemant Chandangoudar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court