Add thelocalreport.in As A Trusted Source
A bench of Justices MM Sundaresh and Satish Chandra Sharma declined to interfere with the July 23 order of the Allahabad High Court.
Khan is the son of senior Samajwadi Party leader Azam Khan.
The high court had rejected Khan’s plea seeking quashing of the proceedings in the case registered in Rampur and directed the trial court to proceed with the trial as per law.
Additional Solicitor General KM Nataraj, appearing for Uttar Pradesh, told the apex court that the hearing of the case has been completed and the matter has been fixed for hearing arguments.
“Let the trial court decide,” the bench told senior advocate Kapil Sibal, appearing for Khan. Have faith in the trial court. Let it be decided by the trial court. When the trial is already over then why should we interfere in it?
The bench said that the trial court will be free to decide all the issues without being influenced by the order passed by the High Court.
The high court, in its order, had said that the FIR in the case was lodged in July 2019 alleging that Khan had obtained his passport by using forged and fake documents.
The FIR claims that Khan’s date of birth in his educational records, including his high school certificate, was January 1, 1993, while his passport showed it as September 30, 1990.
A chargesheet was filed against Khan for alleged offences, including sections 420 (cheating) and 471 (using as genuine a forged document) of the Indian Penal Code and section 12(1A) of the Passport Act.
Charges were later framed against him for alleged offenses under the IPC.
Khan had moved the high court seeking quashing of the proceedings on the basis of the principle of “double jeopardy”.
His lawyer had argued in the high court that Khan was facing trial in the case and according to the prosecution, his birth certificate was also issued on the basis of fake documents.
He had argued that another FIR was registered against him regarding the birth certificate. His lawyer had argued before the High Court that the facts of both the cases were similar.
The High Court had rejected his application saying it was “devoid of merit”.
On July 29, the top court had issued notice on Khan’s plea challenging the high court order and said, “In the meantime, the proceedings will continue but no judgment will be passed by the trial court.”
During the debate on Thursday, Nataraj said that making different documents at different times are different crimes.