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IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CRIMINAL APPEAL NO.995 OF 2023

(ARISING FROM SLP (CRIMINAL) NO.4098 OF 2023)

MOHAMMAD ABDULLAH AZAM KHAN

APPELLANT(S)

VERSUS

THE STATE OF UTTAR PRADESH RESPONDENT(S)

O R D E R

Leave granted.

The impugned order dated 17.03.2023 passed by the High Court,

inter alia, is as follows:-

"Heard learned counsel for the applicant,

learned AGA for the State and perused the

record.

Learned AGA prays for and is granted three

weeks' time to file counter affidavit.

List immediately thereafter."

We heard the learned senior counsel appearing on behalf of the

appellant and learned Additional Solicitor General appearing on

behalf of the respondent-State.

Learned Additional Solicitor General submits that counter

affidavit has already been filed before the High Court on

29.03.2023.

In view of that fact, we are of the view that as of today

there is no impediment for the High Court to hear the Criminal

Misc. Application under Section 389 (2) No.2 of 2023.

Learned senior counsel for the appellant would point out that

this is a clear case where the appellant has made out a case for

grant of stay having regard to the judgment passed by this Court in

Digitally signed by

Jagdish Kumar

Date: 2023.04.06

18:00:45 IST

Reason:

Signature Not Verified

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Mohd. Abdullah Azam Khan versus Nawab Kazim Ali Khan (Civil Appeal

No.104 of 2020).

In the facts of this case, we are of the view that interest of

justice requires in this case that the hearing of the application

for stay of conviction must be accorded the highest priority and

expedition. In such circumstances, we pass the following order.

We direct that the appellant shall be present before the Bench

in question on 10^th April, 2023. We request the High Court will call

the case in question on the said date. The respondent will also

fully cooperate for taking up the application and early disposal of

the same. We say this for the reason that the appellant brings the

development in the form of the Election Commission notifying on the

basis of the impugned order to hold election to the constituency of

which the appellant has been elected a Member of Legislative

Assembly (MLA).

Needless to say that the High Court will bear in mind the need

for passing an order at the earliest.

The appeal is disposed of as above.

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

…………………………………………J.

[K. M. JOSEPH]

…………………………………………J.

[B. V. NAGARATHNA]

New Delhi

5th April, 2023

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ITEM NO.48 COURT NO.3 SECTION II

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

RECORD OF PROCEEDINGS

Petition(s) for Special Leave to Appeal (Crl.) No(s). 4098/2023

(Arising out of impugned final judgment and order dated 17-03-2023

in CRLMA No. 2/2023 passed by the High Court Of Judicature At

Allahabad)

MOHAMMAD ABDULLAH AZAM KHAN PETITIONER(S)

VERSUS

THE STATE OF UTTAR PRADESH RESPONDENT(S)

(FOR ADMISSION and I.R. and IA No.64693/2023-EXEMPTION FROM FILING

C/C OF THE IMPUGNED JUDGMENT and IA No.64696/2023-EXEMPTION FROM

FILING O.T. and IA No.64694/2023-PERMISSION TO FILE ADDITIONAL

DOCUMENTS/FACTS/ANNEXURES )

Date : 05-04-2023 This petition was called on for hearing today.

CORAM : HON'BLE MR. JUSTICE K.M. JOSEPH

HON'BLE MRS. JUSTICE B.V. NAGARATHNA

For Petitioner(s) Mr. Vivek K. Tankha, Sr. Adv.

Mr. Narendra Hooda, Sr. Adv.

Mr. Sumeer Sodhi, AOR

Mr. Varun Tankha, Adv.

Mr. Gaurav Arora, Adv.

Mr. Inder Dev Singh, Adv.

Mr. Shaurya Lamba, Adv.

For Respondent(s) Mr. K. M. Nataraj, A.S.G.

Mr. Sharan Dev Singh Thakur, A.A.G.

Ms. Ruchira G