MOHAMMAD AZAM KHAN Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Both the writ petition being Writ Petition (Criminal) No.188 of 2022, as well as the Interlocutory Application No.71580 of 2022 in Miscellaneous Application No.766 of 2022 in Writ Petition (Criminal) No. 39 of 2022 have been filed by the petitioner seeking interim bail in Case Crime No.70 of 2020, registered with Police Station Kotwali, Rampur, Uttar Pradesh, for the offences punishable under Ss. 420 and 120B of the Indian Penal Code, 1860 ( "IPC " for short) [hereinafter referred to as "the said FIR No.70 of 2020 "). A direction is also sought directing the respondent to seek prior permission of this Court before arresting the petitioner in any other case. In Writ Petition (Criminal) No.188 of 2022, an additional prayer is also made for quashing and setting aside the proceedings qua the petitioner in the said FIR No.70 of 2020.

(2.) The facts giving rise to the present matter are as under:

(3.) The petitioner had filed Writ Petition (Criminal) No.39 of 2022 in this Court on 22/1/2022. It was contended in the said writ petition that in all 87 criminal cases/FIRs have been filed against the petitioner. It was further contended that it was only after the present Government came into power in 2017, that 84 out of these 87 criminal cases/FIRs have been filed against the petitioner. It was submitted that as on the date of filing of the said writ petition, he had secured bail in 84 cases, including 3 cases wherein orders have been passed by this Court. It was the contention of the petitioner that the said criminal cases/FIRs were filed by the Ruling Party with mala fide intention. It was further submitted that though in three criminal cases, the bail applications were pending and heard, but were either adjourned or not decided thereby depriving the petitioner of his personal liberty. The said writ petition came up before this Court on 8/2/2022, when the same was disposed of by the following order: