Allahabad High Court Refuses To Order Quashing Of FIR Against Ghosi MP Atul Rai
Prayagraj, January 13 (TNA) The Allahabad High Court, while hearing the petition of Ghosi MP Atul Rai has said that if the petitioner is in jail, then it cannot stop the gangster's action. It cannot be accepted that the present FIR is the result of the malice of the Investigating Officer or any police authority who was summoned in contempt proceedings before this Court two years ago.
This order was given by a division bench of Justice Sunita Agrawal and Justice Sadhana Rani (Thakur) while dismissing the petition of Ghosi MP. Rai had demanded the quashing of the FIR registered against him at the Lanka police station in Varanasi under the Gangster Act on 23 October 2021 before the High Court.
The counsel for the petitioner argued that the petitioner is in jail and as his bail application is rejected, a case under the Gangster Act cannot be registered against him. The court said that the petitioner is being tried in four criminal cases already registered.
Therefore, there is no reason to quash the FIR. In the case, the counsel for the petitioner told that the petitioner is out of jail on bail in the 2017 case. In another case in 2019, reports under 420, 376, 504 and 506 have been registered against him. In this case the petitioner is in jail. His bail application has been rejected. Hence, the petitioner cannot be booked under gangster. The court refused to accept the argument of the counsel for the petitioner and dismissed the petition.