- (1.) Heard Sri Satish Trivedi, learned Senior Advocate, assisted by Sri Imran Ullah, Advocate, for applicant and learned A.G.A. appearing for respondent-1. None has appeared on behalf of respondent-2 though name of Sri Haji S. Kamal Akhtar, Advocate, has been shown in the cause list and the case has been called in revise. In the circumstances, I proceed to hear and decide this case finally after hearing learned counsel for applicant and learned A.G.A.
(2.) Applicant has invoked jurisdiction of this Court under Section 482 of Code of Criminal Procedure, 1973 (hereinafter referred to as " Cr.P.C .") with a prayer to quash entire proceedings in Criminal Complaint Case No. 8157 of 2004 (Amar Singh Vs. Prabhu Chawla) under Section 500 I.P.C. pending in the Court of learned Chief Judicial Magistrate, Rampur.
(3.) A news item was published in India Today Magazine dated 08.09.2004 with the title "Khari Baat Ki Rajniti". The relevant extract of news item reads as under: ...[VARNACULAR TEXT OMITTED]... , "For him, delivering a speech is merely an art; hence, whenever Mohammad Azam says something in his Rampuri dialect, a dispute erupts; and he smiles in such a way as an artiste tends to smile, finding others confused over his piece of art. Ask him, "Why does every word uttered by you cause dispute?", he would, lowering his goggles on his nose, say, "Because Azam Khan speaks in a straight forward manner; and it is always hard to digest the truth". It means Khan, who has reached the first row of the Uttar Pradesh Government, and who is handling an important department like Urban Development, decides himself as to whatever he says is straight forward and the same is true as well. Because of this style of his making a statement in straight forward manner, Khan is continuously in dispute and for the same reasons, former MP from Rampur, Begum Noorbano, terms him as person of 'negative thoughts'; but Mulayam Singh Yadav does not think so. According to him, "If anyone proves that Khan is not an honest or a learned person, I myself will remove him". The 56-year-old Khan still has the spark of a former student leader of Aligarh Muslim University, who would make incendiary speeches, and who also has the sharpness of a razor-sharp-Rampuri knife, and when all these things combine with Samajwadi (socialists) colour, a politician gets even more dangerous in politics. His political career too is limited to some political parties of the Samajwadi (socialist) brand such as: Janta Party, Lok Dal, Janta Dal and Samajwadi Party. Being continuously elected as MLA, Khan has been once the leader of opposition in the assembly and once a member of Rajya Sabha; and he has now become a minister for the third time. For these very reasons, Khan has recently been in the headlines of the newspapers from Rampur to Lucknow and upto Varanasi. Recently, a dispute in his home town Rampur broke out. Around 225-year-old-historical Delhi Darwaza, which has been a relic of the Nawabs of the city, was destroyed. Former Congress MP and widow of Nawab Zulfiqar Khan, Begum Noorbano, made open allegations that Azam Khan, due to political differences, is eliminating in a planned manner all the relics of the founder Nawab Fazullah Khan of Shahi riyasat (royal state) established in 1775, apart from destroying other signs of the royal family. The district administration is dancing to the tune played by the minister. Khan remained silent but the officers put forth their defence, saying that ''Delhi Darwaza' was itself in a bad condition and was proposed to be removed for widening of the road. It is also being said that Khan wants to construct the Bab-e-Ilm (Door of knowledge) replacing the former. Old door was, in fact, a specimen of the Rohil Architecture and was brought from the Afghanistan the Nawab family is associated with. Being perturbed Begum Noor Bano stated that as per her information, after Delhi Darwaja, two relics of the Rampur Royalty - Shahbad and Nawab Darwaja are on Khan's target. This 'conspiracy' is also being opposed by some local organisations such as Rampur Bar Association, Rohail Smarak Samaj and Rohail Cultural Organization. The matter has gone over to the Archaeological Survey of India and the Governor Sri T. V. Rajeshwar. But Khan's followers reject this conspiracy, saying that if Rampur Family had attachment for the Delhi Darwaza, why did they not maintain it? Had it been the case, the door would have not fallen itself." (English Translation by Court) ;