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SC notice to UP govt on Congress' Ajay Rai's plea to quash Gangsters Act case against him

New Delhi: The Supreme Court on Tuesday issued notice to the Uttar Pradesh government on a plea of Congress' Ajay Rai challenging Allahabad High Court's order, which had refused to quash criminal proceedings going against him at Varanasi trial court under some sections of IPC and the Gangsters Act case registered in 2010.
A vacation bench of Justices Abhay S Oka and Rajesh Bindal sought a response from the Uttar Pradesh government, and one Bhanu Pratap Singh, on whose complaint FIR was registered in the case.
Counsel of Rai, who contested from Varanasi seat against Prime Minister Narendra Modi in the recently concluded election, sought a stay on the proceedings in the case, however, the bench refused to stay the proceedings.
The bench has now posted the matter for hearing on July 15.
On May 19, the High Court had dismissed the petition filed by Uttar Pradesh Congress Committee (UPCC) president Rai who sought quashing of the case against him under the Gangster Act.
The FIR in this case was registered on March 26, 2010, by Bhanu Pratap Singh at police station Chetganj, Varanasi against six persons, including Rai.
The High Court had earlier refused to accept the compromise entered between the accused persons and the complainant on September 28, 2023.
The High Court had said that the offence punishable under the Gangsters Act is an independent offence and it was not imposed at the instance of the complainant but it has been imposed by the State government to achieve the aim and object of the said Act.
It had opined that there is no statutory basis to quash the proceedings under section 7 of the Criminal Law (Amendment) Act and section 3(1) UP Gangsters Act even after compromise between the complainant and accused for the offence under IPC.

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