Court No. - 65

Case :- CRIMINAL MISC. APPLICATION U/S 389(2) No. - 2

of 2023

Applicant :- Mohammad Abdullah Azam Khan

Opposite Party :- State of U.P.

Counsel for Applicant :- Mohammad Khalid

Counsel for Opposite Party :- G.A.

Hon'ble Rajiv Gupta,J.

Heard Shri Imran Ullah, learned counsel assisted by Shri

Mohammad Khalid, learned counsel for the applicant and

Shri Manish Goyal, learned Additional Advocate General

assisted by Shri Amit Sinha, Shri Jay Narayan, Shri Abhijeet

Mukherjee, Shri Rajesh Mishra and Shri A.K. Sand, learned

counsels for the State and perused the record.

The present application under Section 389(2) Cr.P.C. has

been filed by the applicant with the prayer to set aside the

order dated 28.02.2023 passed by learned Additional

Sessions Judge, Court No.2 Moradabad in Criminal Appeal

No.14 of 2023 (Mohd. Abdullah Azam Khan Vs. State of

U.P.) and stay the order of conviction dated 13.02.2023

passed by Ist Additional Chief Judicial Magistrate, Court

No.4, Moradabad in Criminal Case No. 366 of 2022, arising

out of Case Crime No.01 of 2022, under Sections 353/341

IPC and Section 7 of Criminal Law Amendment Act, Police

Station Chhajlet, District Moradabad.

Brief facts giving rise to this application are that on

02.01.2008, an FIR was lodged at the Police Station

Chhajlet, District Moradabad alleging therein that an

information was transmitted that a Pajero car with red

beacon on its top and dark coloured window glasses is

coming in a suspicious condition from Moradabad to Kanth

Road. On getting the said information, Station Officer along

with police force reached at the place on incident. At about

11.30 AM, a black coloured Pajero car with red beacon on its

top having Registration No. U.P.-32-BA-6525 reached there

and the said vehicle was intercepted by the Station Officer

Asaf Ali Khan. On enquiry, driver of the vehicle produced a

photocopy of his driving license, however, he did not

disclose his name and rather stated that his name is

mentioned in the driving license itself. He further stated that

the person, lying on the rear seat of the car, is his father

Mohd. Azam Khan and you do not know his status and dares

to intercept him. It is further stated that suddenly, Mohd.

Azam Khan alighted from the car and stated that he is an

MLA of Samajwadi Party and Ex-Minister and Lifetime

Chancellor of Maulana Mohammed Ali Jauhar University,

Rampur and how he dared to stop his vehicle. He started

making calls from his mobile phone. The police party

challaned the vehicle under the Motor Vehicles Act, however,

the driver refused to sign the said challan. Mohd. Azam

Khan then threatened to set his car on fire, which may result

in breach of peace in the entire State. He, thereafter called

number of political leaders and workers of Samajwadi Party

over his mobile phone and started giving provocative speech

against the Government and blocked the public road on

Moradabad-Haridwar Highway causing great inconvenience

to the general public. The nominated accused persons,

namely, Mohd. Azam Khan, Mohd. Abdullah Azam Khan,

Rajesh Yadav, D.P. Yadav, Raj Kumar Prajapati, Haji Ikram

Quraishi, all residents of Moradabad, Mahboob Ali, resident

of Amroha, Manoj Paras and other unknown 1000-1200

workers of Samajwadi Party blocked the entire highway and

started raising slogans and thereafter, left the place of

incident leaving behind the vehicle.

On the basis of the said allegations, FIR was registered vide

Case Crime No.01 of 2008 against the nominated accused

persons under Sections 147, 353 and 341 IPC and Section 7

of Criminal Law Amendment Act. After registration of the

case, the police thoroughly investigated the matter and after

concluding the investigation, submitted the charge-sheet

against the applicant including other co-accused persons

under Sections 147, 353, 341 IPC and Section 7 of Criminal

Law Amendment Act.