Disappearance of civic machines: Allahabad HC stays arrest of SP leader Azam Khan, his son

A criminal case was registered against them in disappearance of some machines purchased by Nagar Palika in Uttar Pradesh’s Rampur district

The Allahabad high court on Friday stayed the arrest of senior Samajwadi Party (SP) leader and Rampur Sadar MLA Azam Khan and his son Abdullah Azam Khan in a criminal case registered against them in disappearance of some machines purchased by Nagar Palika in Uttar Pradesh’s Rampur district.

It was argued by the petitioners that it was a case of malicious prosecution. (For Representation)

The missing machines were later recovered from Jauhar University campus. After hearing the counsel, the bench comprising Justice Suneet Kumar and Justice SW Mian directed the state government to file a counter affidavit (reply) in the case and ordered to list the case after six weeks.

Azam Khan and his son had filed a writ petition with the prayer to quash the First Information Report (FIR) dated February 19, 2022, registered as case crime no 0211 of 2022, under sections 409 (criminal breach of trust by public servant, or by banker, merchant or agent), 120-B (criminal conspiracy) of the Indian Penal Code and under section 3 of the Prevention of Damage to Public Property Act, 1984 (mischief causing damage to public property) at Kotwali police station, Rampur.

The petitioners’ plea was that the alleged incident was of 2017 and on the said date, the first petitioner (Azam Khan) was not a public servant but merely chancellor of the Jauhar University while the second petitioner (his son) had been implicated merely because he was the son of the first petitioner. It was also argued by the petitioners that it was a case of malicious prosecution.