CRIMINAL MISCELLANIOUS No.9296 OF 2007 (In the matter of an application under Section 482 of the Code of Criminal Procedure) ABAD MOHAMMAD son of Late Mahmoodur Rahman, resident of Choudhary Mohalla P.S.-Katihar, District- Katihar --------------Petitioner Versus 1. THE STATE OF BIHAR 2. Raisur Rahman son of Late Rafiqur Rahman resident of Choudhary Mohalla, P.S.-Katihar, District- Katihar 3. Bihar State Sunni Wakf Board, Harding Road Patna through the Chief Executive Officer -------------Opposite Parties. ----------- P R E S E N T THE HON'BLE JUSTICE SMT. SHEEMA ALI KHAN ************ Sheema Ali Khan, J. Heard the parties. 2. A case was instituted on behalf of Raisur Rahman against the petitioner Abad Mohammad who is Motwalli of Saifganj Estate situated at Katihar. A complaint petition was instituted by the opposite party no. 2 alleging therein that agreement of construction of a building was prepared with regard to the certain lands belonging to the Estate. A Bainama was prepared in which the petitioner put his signature as a witness. It is alleged that the petitioner has manipulated the things in favour, misappropriating the property of the Wakf 2 Board. The matter was sent for investigation. The police submitted a report stating that no case is made out for proceeding in the matter. The Chief Judicial Magistrate, Katihar deferred with the findings of the officer in-charge and proceeded to take cognizance under Section 406 of the Indian Penal Code. In this context, it has been pointed out that this Court by order dated 28.2.2006 in C.W.J.C. No. 15799 of 2004 has appointed an enquiry officer to enquire against the complaint lodged by the complainant Raisur Rahman. It appears that the enquiry is still pending. I must observe that the Sunni Wakf Board is well aware of the order of this Court and should not scuttle the matter in any manner, as misappropriation or mis-utilization of Wakf Property is a grievous offence. 3. For the reason aforesaid, it is not proper to proceed with the case and the matter is already under enquiry of the orders of this Court. As a result, I stay the proceedings in Katihar Town P.S. Case No. 204 of 2006. The opposite party Raisur Rahman and the petitioner will be at liberty to produce the order before the Wakf Board or wherever necessary for ensuring the 3 disposal of the enquiry expeditiously. 4. This application is disposed of with a liberty to the opposite party no. 2 to approach this Court if necessary. Patna High Court Dated 2nd of May, 2011 Anand Kr./NAFR ( Sheema Ali Khan, J.)