The Allahabad High Court has dismissed a batch of petitions seeking quashing of criminal proceedings against Samajwadi Party leader Azam Khan in cases of alleged forcible possession of land for Rampur's Jauhar University.

An FIR in this regard was lodged on September 12, 2019 by a revenue officer.

After the registration of the case, several other complaints were filed, with the complainants alleging that their land was taken away forcibly by abducting and physically assaulting them.

Justice Samit Gopal observed,"The allegations in the FIRs reveal as to how the respective first informants were abducted, assaulted, threatened and their land was forcibly taken from them by coercion and not following the due process of law."

The Court noted that the crime committed against each individual for his land, his abduction and threatening is an altogether separate offence and that the first informants are different in each and every matter and the identification of land is different in each and every case.

The Court noted that the situation would have been different if in all the cases, though they look the same would have complained about an incident at the same time and place with the same property in question in all of them. "The reports narrate of different incidents of different dates and time involving different victims and different land though the accused in all the matters are common including the applicant. With different dates, time, identification of land and victims, the contention of the learned counsel for the applicant regarding the same being hit by the doctrine of sameness is unacceptable", the Court held.

"Looking at the facts of the case, the prima facie allegation against the applicants and the law well settled as stated above, no case for interference is made out," the Court said while dismissing the petitions.

Cause Title: Zaki Ur Rahman Siddiqui v. State of U.P. & Anr.

Click here to read/download Order




With PTI inputs

Allahabad High CourtJustice Samit Gopal

Verdictum News Desk