New Delhi [India], The Supreme Court on Tuesday issued a notice to the Uttar Pradesh government on a plea by Congress's Ajay Rai challenging the Allahabad High Court order which quashed the criminal proceedings against him in the Varanasi trial court under certain sections of the Indian Penal Code. Had refused to cancel. In 2010, a case under IPC and Gangster Act was registered.
A vacation bench of Justice Abhay S Oka and Justice Rajesh Bindal sought response from the Uttar Pradesh government and Bhanu Pratap Singh, on whose complaint the FIR was registered in the case.
Counsel for Rai, who contested the Varanasi seat against Prime Minister Narendra Modi in the recently concluded elections, sought a stay on the proceedings in the case, however, the bench refused to stay the proceedings.
The bench has now fixed the hearing of the case on July 15.
On May 19, the High Court had rejected the petition filed by Rai, the Uttar Pradesh Congress Committee (UPCC) president, seeking quashing of the case against him under the Gangster Act.
The FIR in this case was lodged on 26 March 2010 by Bhanu Pratap Singh at Chetganj police station, Varanasi against six people including Rai.
The high court had earlier refused to accept the settlement reached between the accused persons and the complainant on September 28, 2023.
The High Court had held that the offense punishable under the Gangster Act is an independent offense and was not imposed at the instance of the complainant but by the State Government to achieve the object and purpose of the said Act.
It had opined that even after a settlement is reached between the complainant and the accused for an offense under the IPC, there is no statutory basis to quash the proceedings under Section 7 of the Criminal Law (Amendment) Act and Section 3(1) of the UP Gangster Act. Not there.
A vacation bench of Justice Abhay S Oka and Justice Rajesh Bindal sought response from the Uttar Pradesh government and Bhanu Pratap Singh, on whose complaint the FIR was registered in the case.
Counsel for Rai, who contested the Varanasi seat against Prime Minister Narendra Modi in the recently concluded elections, sought a stay on the proceedings in the case, however, the bench refused to stay the proceedings.
The bench has now fixed the hearing of the case on July 15.
On May 19, the High Court had rejected the petition filed by Rai, the Uttar Pradesh Congress Committee (UPCC) president, seeking quashing of the case against him under the Gangster Act.
The FIR in this case was lodged on 26 March 2010 by Bhanu Pratap Singh at Chetganj police station, Varanasi against six people including Rai.
The high court had earlier refused to accept the settlement reached between the accused persons and the complainant on September 28, 2023.
The High Court had held that the offense punishable under the Gangster Act is an independent offense and was not imposed at the instance of the complainant but by the State Government to achieve the object and purpose of the said Act.
It had opined that even after a settlement is reached between the complainant and the accused for an offense under the IPC, there is no statutory basis to quash the proceedings under Section 7 of the Criminal Law (Amendment) Act and Section 3(1) of the UP Gangster Act. Not there.
