Point of Law
Appreciation of evidence on merit is to be done by the court only after the charges have been framed and the trial has commenced.

JUDGMENT :

1. This application under Section 482 Cr.P.C. has been filed to quash the charge-sheet dated 1st April, 2019, cognizance taking order dated 19th August, 2019, summoning order dated 19th August, 2019 as well as entire proceedings of Criminal Case No. 1453 of 2019 (State Vs. Mohd. Azam Khan & Others) under Sections 420, 467, 468 and 471 I.P.C., arising out of Case Crime No. 04 of 2019, Police Station-Ganj, District-Rampur pending in the Court of Additional Chief Judicial Magistrate, Court No.3, Rampur.

2. Perused the material available on record.

3. I have heard Mr. Gopal Swaroop Chaturvedi, learned Senior Advocate assisted by Mr. Saiful Islam Siddiqui, Mr. S. Safdar Ali Kazmi and Mrs. Tahira Kazmi, learned counsel appearing for the applicants and Mr. Ratnendu Kumar Singh and Mr. Amit Singh Chauhan, learned Additional Government Advocates for the State.

4. The facts, as borne out from the records of the present application under Section 482 Cr.P.C., which are relevant for deciding the present application, are as follows:

One Mr. Akash Saxena, who is alleged to be Regional Convener has made an application before the Station House Officer, Police Station-Ganj, District-Rampur under Section 154 Cr.P.C. for lodging of first information report on 3rd January, 2019 at 12:22 hrs. against Mohd. Azam Khan, Smt. Danjin Fatima/Tanjim Fatma, which has been registered on the same day i.e. 3rd January, 2019 at 13:10 hrs. as Case Crime No. 0004 of 2019, under Sections 471, 468, 467, 420 and 193 I.P.C., Police Station-Ganj, District-Rampur. In the said first information report, it has been alleged that Mohd. Azam Khan son of late Mumtaz Khan and Smt. Tanzim Fatima, wife of Mohd. Azam Khan by creating a code and plotting a well-planned conspiracy, for personal interest, had got issued two date of birth certificates of their son, namely, Abdullah Azam Khan, son of Mohd. Azam Khan, resident of Gher Meer Baaj Kha, Jail Road, Rampur of two different districts. The date of birth certificate dated 28th June, 2012 had been got issued from Nagar Palika Parishad, Rampur bearing Registration No. RNPB2012-03857, which has been registered on the basis of affidavit given by Mohd. Azam Khan and Smt. Tanzim Fatima. In the said date of birth certificate, the place of birth has been shown as “Rampur”. The second date of birth certificate dated 21st January, 2015 bearing Registration No. NNLK0-B-2015-29261, had been got issued from Nagar Nigam, Lucknow, which has been registered on the basis of duplicate date of birth certificate, serial no. 718 dated 21st April, 2015 issued by Queen Mery Hospital, Lucknow. In the said date of birth certificate, the place of birth has been shown as “Lucknow”. It has further been alleged that Mohd. Abdullah Azam Khan had visited foreign countries by illegally using the date of birth certificate issued by Nagar Palika Parishad, Rampur. He had obtained government documents by using second date of birth certificate issued by Nagar Nigam, Lucknow. He had also used the same at various places. The aforesaid two date of birth certificates of Mohd. Abdullah Azam Khan had been got issued by Mohd. Azam Khan and Smt. Tanzim Fatima by creating a code and plotting a well-planned conspiracy, for personal benefit and the same had been used, for which the present first information report has been lodged.

5. The issue of two different date of birth certificates of Mohd. Abdullah Azam Khan was also up for consideration by means of Election Petition No. 08 of 2017 (Nawab Kazim Ali khan Vs. Mohammad Abdullah Azam Khan). The said election petition has been allowed by a Coordinate Bench of this Court vide judgment and order dated 16th December, 2019 and election of Mohd. Abdullah Azam Khan has been declared void. The said judgment and order of the Coordinate Bench has been challenged by Mohammad Abdullah Azam Khan before the Apex Court by means of Civil Appeal No(s). 104 of 2020, wherein the Apex Court vide order dated 17th January, 2020 has calle