SC declines to quash FIR against Abdullah Azam Khan in passport forgery case

New Delhi, Nov 6 (UNI) The Supreme Court today dismissed a plea filed by former Uttar Pradesh MLA Abdullah Azam Khan, son of Samajwadi Party leader Azam Khan, seeking quashing of an FIR accusing him of using forged documents to obtain a passport.

A Bench comprising Justice M M Sundresh and Justice Prashant Kumar Mishra upheld the Allahabad High Court’s order refusing to quash the FIR, noting that the trial in the case had already concluded.

“We are not inclined to interfere. However, we make it clear that the trial court shall decide all the issues independently, without being influenced by the High Court’s observations,” the Bench said.

Justice Sundresh further remarked, “Have faith in the trial court. Why should we interfere now when the trial is already over?” The FIR, lodged at Civil Lines Police Station in Rampur, accuses Abdullah Azam Khan of using forged documents to obtain a passport by falsely declaring his date of birth as September 30, 1990, instead of January 1, 1993, as recorded in his school certificates.

He is facing trial before the Special MP/MLA Court, Rampur, under Sections 420, 467, 468, and 471 of the IPC, with charges framed on September 9, 2021.

Notably, the Supreme Court had also dismissed a similar plea filed by Abdullah Azam Khan and his father in October, relating to the alleged use of forged documents to obtain a PAN Card for filing nomination papers in Assembly elections.

In that case, too, the Court had noted that the trial had concluded and directed the trial court to deliver the judgment expeditiously.

Earlier, in July, the Supreme Court had permitted the continuation of trial proceedings in both cases while directing that the final judgment should not be pronounced until further orders.

The Allahabad High Court had refused to quash the proceedings, holding that the pleas lacked merit and rejecting the contention of double jeopardy. It was observed that although the same forged birth certificate was allegedly used in both instances, each act of use constituted a distinct offence. The Supreme Court’s latest order clears the way for the Special Court in Rampur to pronounce its verdict in the passport forgery case without any legal hindrance.

 

Leave a Reply