IN THE SUPREME COURT OF INDIA

CRIMINAL ORIGINAL JURISDICTION

Transfer Petition(Criminal) Nos 7-11 of 2023

(Diary No 25586 of 2021)

Mohammad Azam Khan and Others

… Petitioners

versus

State of Uttar Pradesh

… Respondent

O R D E R

Delay of 304 days in refiling of the transfer petition is condoned.

1

This transfer petition has been filed by the petitioners for transfer of

the following cases from the Court of Special Judge (MP/MLA), Rampur,

Uttar Pradesh to a court of competent jurisdiction at New Delhi:

(i)

Special Case No 136 of 2020 arising out of FIR/Case Crime No 4 of

2019 filed under Sections 193, 420, 467, 468 and 471 of the Indian

Penal Code 1860;

(ii)

Special Case No 6 of 2020 arising out of FIR/Case Crime No 594 of

2019 filed under Sections 420, 467, 468 and 471 of the Indian Penal

Code 1860;

(iii)

Special Case No 57 of 2020 arising out of FIR/Case Crime No 980 of

2019 filed under Sections 120-B, 420, 467, 468 and 471 of the Indian

Penal Code 1860;

(iv)

Complaint Case No 1419 of 2018; and

(v)

Special Case No 302 of 2022 arising out of FIR/Case Crime No 98 of

2021 filed under Section 125A of the Representation of Peoples Act

1951.

Digitally signed by

Manish Issrani

Date: 2023.01.06

17:49:59 IST

Reason:

Signature Not Verified

2

2

Heard counsel appearing on behalf of the petitioner.

3

Mr Kapil Sibal, learned Senior Counsel submits that the trial Judge has permitted

the marking in evidence of the Case Diary, in the course of the examination of

PW 14. If the petitioner is aggrieved by any order passed by the trial Judge it

would be open to the petitioner to seek recourse to the remedies which are

available to the petitioner in law.

4

We are not inclined to entertain the transfer petition.

5

The transfer petition is accordingly dismissed.

6

In the event that the petitioner moves the High Court, the High Court is

requested to take up the petition on an expeditious basis.

7

Pending application(s), if any, stand disposed of.

….………………………………………. CJI.

[Dr Dhananjaya Y Chandrachud]

……..……………………………………… J.

[S Abdul Nazeer]

……..……………………………………… J.

[Pamidighantam Sri Narasimha]

New Delhi;

4 January 2023

-MI-

3

ITEM NO.2 COURT NO.1 SECTION XVI-A

S U P R E M E C O U R T O F I N D I A

RECORD OF PROCEEDINGS

TRANSFER PETITION(CRIMINAL) Diary No. 25586/2021

(Arising out of impugned final judgment and order dated 30-11--

0001 in SC No. 136/2020 30-11--0001 in SC No. 6/2020 30-11--0001 in

SC No. 57/2020 30-11--0001 in CC No. 1419/2018 30-11--0001 in SC

No. 302/2022 passed by the )

MOHAMMAD AZAM KHAN & ORS. Petitioner(s)

VERSUS

STATE OF U.P. Respondent(s)

(IA No. 197237/2022 - CONDONATION OF DELAY IN REFILING / CURING

THE DEFECTS IA No. 197238/2022 - EX-PARTE STAY IA No. 197239/2022 -

EXEMPTION FROM FILING O.T.)

Date : 04-01-2023 These matters were called on for hearing today.

CORAM :

HON'BLE THE CHIEF JUSTICE

HON'BLE MR. JUSTICE S. ABDUL NAZEER

HON'BLE MR. JUSTICE PAMIDIGHANTAM SRI NARASIMHA

For Petitioner(s)

Mr. Kapil Sibal, Sr. Adv.

Mr. Lzafeer Ahmad B. F., AOR

Mr. Nizam Pasha, Adv.

Mr. Aditya Samaddar, Adv.

For Respondent(s)

UPON hearing the counsel the Court made the following

O R D E R

1

Delay of 304 days in refiling of the transfer petition is condoned.

2

Heard Mr Kapil Sibal, learned senior counsel appearing on behalf of the petitioner.

3

The transfer petition is dismissed in terms of the signed order.

4

Pending application(s), if any, stands disposed of.

(MANISH ISSRANI) (SAROJ KUMARI GAUR)

COURT MASTER(SH) ASSISTANT REGISTRAR

(SIGNED ORDER IS PLACED ON THE FILE)