Writ petition filed when police in Ap do not register action against accused for illegal sale of Wakf land. Court directs CIO to submit final report as civil dispute unpersuasive.
Direction to 3rd respondent to submit final report within six weeks.
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THE HONOURABLE SRI JUSTICE R.SUBHASH REDDY
WRIT PETITION No.5957 OF 2012
Dated: 12.03.2012
Between:
S. Sarvar Saheb
….Petitioner
Vs.
1. The Government of A.P., rep., by its Principal Secretary, Home Department, Hyderabad and others.
….Respondents
This Court made the following :
THE HONOURABLE SRI JUSTICE R.SUBHASH REDDY
WRIT PETITION No.5957 OF 2012
ORDER:
In this writ petition, the petitioner seeks a direction by way of mandamus to declare the action of the 3rd respondent in not taking action against respondents 5 to 7 in connection with Crime No.137 of 2011, dated 2.7.2011 on the file of S.H.O., Puttur P.S., Chittoor District.
The petitioner claims to be the President of the Managing Committee of Masjid-e-Idgah - Wakf Institution. It is the case of the petitioner that the 4th respondent has filed a complaint before the 3rd respondent stating that respondents 5 to 7 herein have illegally sold t h e wakf properties and as such, they have committed offences punishable under Sections 405, 409, 418, 423, and 464 IPC, and on such complaint, a crime was registered, but no steps have been taken so far to investigate and to file a final report in the said crime.
On the instructions, it is contended by the learned Government Pleader for Home that investigation will be completed and the final report will be filed very soon and the investigation conducted so far discloses that no prima facie case is made out and that the dispute is of civil nature.
In view of the submission made by the learned Government Pleader for Home that the investigation has come to an end, I deem it appropriate to dispose of the writ petition with a direction to the 3rd respondent to submit a final report, within a period of six weeks from the date of receipt of a copy of this order.
The writ petition is disposed of subject to the above direction. No order as to costs.
______________________
Dated: 12.3.2012
Nn Justice R. Subhash Reddy
THE HONOURABLE SRI JUSTICE R.SUBHASH REDDY
WRIT PETITION No.5957 OF 2012
Nn
12.03.2012
1 issue framed by the court
Whether the Criminal Investigation Department should investigate the illegal sale of Wakf properties as a criminal offence or treat it as a civil dispute.
S. Sarvar Saheb
The Government of A.P. (Principal Secretary, Home Department)
1st Respondent
3rd Respondent
5th to 7th Respondents
R. Subhash Reddy
As recorded by the court registry
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