Prayagraj (UP), Sep 3 (PTI) The Allahabad High Court on Wednesday quashed criminal proceedings against Uttar Pradesh Congress chief Ajay Rai in a 2017 case related to holding a protest in alleged violation of prohibitory orders.
Justice Sameer Jain, allowing Rai's plea, set aside the chargesheet and the summoning order issued against him for proceedings under Section 188 of the Indian Penal Code (IPC) that deals with the disobedience to an order duly promulgated by a public servant.
"Considering the facts of the present case, it is apparent that on the basis of evidence collected by the Investigating Officer, no offence punishable under section 188 IPC is made out against the applicant," the court said.
"Therefore, from the discussion made, in my view, cognisance and summoning order dated September 9, 2019, as well as charge sheet filed against the applicant and proceeding pending against the applicant are liable to be quashed.
"Accordingly, the cognisance and summoning order, charge sheet filed against the applicant and proceeding pending against him are, hereby, quashed," the court said.
The FIR was lodged on September 20, 2017. According to it, at about 11:50 AM on that day, Rai and other accused were agitating against the government and violated the provisions of Section 144 CrPC.
An investigation was initiated and a charge sheet was filed against Rai and others on November 7, 2017. The court concerned took cognisance on September 9, 2019 and issued summons which were challenged before the high court. PTI CORR RAJ RT RT