HON’BLE SRI JUSTICE G.BHAVANI PRASAD Criminal Petition No.6825 of 2009 Dated : 28.08.2009 Between : Sirajuddin @ Siraj and 3 others ….. Petitioners V. 1) Syed Raheemullah Rashid @ Rasheed 2) The State of A.P. ….. Respondents HON’BLE SRI JUSTICE G.BHAVANI PRASAD Criminal Petition No.6825 of 2009 O R D E R : Heard Sri M.T.Ghori, learned counsel for the petitioners, and Sri A.Ramesh, learned counsel representing the learned Public Prosecutor for the second respondent. No notice is being ordered to the first respondent as the matter is being disposed of at the stage of admission. The charge sheet in C.C.No.322 of 2008 on the file of the VIII Additional Chief Metropolitan Magistrate, City Criminal Court, Hyderabad, was filed by Chaderghat Bridge Police on investigation into crime No.122 of 2008. The allegations in the charge sheet apart from mentioning the back ground for the alleged incident stated that the investigation revealed that when Sri Syed Raheemullah Rashid @ Rasheed was going outside the Mosque on 10.04.2008 suddenly the first accused along with the other accused attacked him with sticks near the gate and outside Saifa Moque and that the accused ran away from the scene when the locality people gathered there. The accused Nos.1 to 4 themselves surrendered before the Police according to the charge sheet and though it claims that the accused have admitted the guilt, the present criminal petition shows that the petitioners retracted from any such admission. The particulars of the witnesses to be examined given in the charge sheet show that apart from citing 4 eye witnesses for the incident, the victim, two panch witnesses for the alleged confessions of the accused, and the Casualty Medical Officer, Osmania General Hospital, Hyderabad, who issued the medical certificate, were also cited as witnesses. The contents of the charge sheet, therefore, cannot be said to be not even ex facie disclosing the possibility of attributing criminal liability to the petitioners in respect of an alleged offence under Section 324 of the Indian Penal Code. The petitioners trace the origin of the dispute to controversies in the management of Jamia Mosque Bagh Muslim Jung at Azampura, a Sunni Muslim Wakf property, and the consequential proceedings before the Wakf Board and suits and writ petitions before the Civil Court and High Court. The origin of the dispute may have its basis in such pre-existing litigation, but the same cannot be a ground to quash the criminal proceedings in respect of an offence of causing hurt. This Court cannot convert itself into a fact finding forum as to whether this case was foisted due to the disputes relating to the wakf property and the inherent jurisdiction available only in rarest of rare cases cannot be made available on the facts in issue in favour of the petitioners. Accordingly, the criminal petition is dismissed. ________________________ G.BHAVANI PRASAD, J 28th August, 2009 sur