Supreme Court declines to quash FIR against Abdullah Azam Khan in forgery case
The Supreme Court on Thursday dismissed a plea filed by former Uttar Pradesh MLA Abdullah Azam Khan, son of senior Samajwadi Party leader Azam Khan, seeking quashing of an FIR against him for allegedly using forged documents to obtain a passport.
New Delhi: The Supreme Court on Thursday dismissed a plea filed by former Uttar Pradesh MLA Abdullah Azam Khan, son of senior Samajwadi Party leader Azam Khan, seeking quashing of an FIR against him for allegedly using forged documents to obtain a passport.
A bench of Justices M.M. Sundresh and Prashant Kumar Mishra, upholding the Allahabad High Court’s order that had refused to quash the FIR, said: “We are not inclined to interfere. However, we make it clear that the trial court is at liberty to decide all the issues without being influenced by the order of the High Court.”
During the hearing, the Justice Sundresh-headed Bench observed: “Have faith in the trial court. Let it be decided in the trial court. Why should we interfere now when the trial is already over?”
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Earlier, the Allahabad High Court had dismissed Abdullah Azam Khan’s plea to quash the FIR, observing that the offences of obtaining a forged birth certificate and later using it to secure a passport were “distinct and different acts”.
Abdullah was earlier convicted in another case for allegedly procuring a false birth certificate using fabricated documents. He argued that since the passport was issued on the basis of the same forged certificate, the subsequent prosecution amounted to double jeopardy.
A single-judge bench of Justice Sameer Jain held that the doctrine of double jeopardy did not apply since the two prosecutions were based on different sets of facts and distinct offences.
Holding that the plea was “devoid of merit”, the Allahabad High Court dismissed Abdullah Azam’s application.
“The instant application is devoid of merits and is accordingly dismissed. The trial court is directed to proceed with the trial in accordance with the law.”
An FIR was registered at the Civil Lines Police Station in Rampur district against Abdullah Azam Khan under Sections 420 (cheating), 467 (forgery of valuable security), 468 (forgery for the purpose of cheating), and 471 (using forged document as genuine) of the Indian Penal Code (IPC).
