By Rajesh Pandey
In a significant relief for former MLA and current Uttar Pradesh Congress President Ajay Rai, the Allahabad High Court has quashed the criminal proceedings initiated against him in connection with a 2017 protest held in violation of prohibitory orders under Section 144 of the CrPC.
The matter pertained to an agitation carried out by Rai and his supporters in September 2017, during which they were accused of defying restrictions imposed under Section 144. An FIR was subsequently lodged against him and ten others, along with 500 unidentified individuals, under Section 188 of the Indian Penal Code (IPC), which penalises disobedience to an order promulgated by a public servant.
Court’s Observations
Justice Sameer Jain, while hearing Rai’s petition, held that the evidence gathered by the investigating authorities did not establish any offence under Section 188 IPC. In his order, the judge observed:
Considering the facts of the present case, it is apparent that, based on evidence collected by the Investigating Officer, no offence punishable under Section 188 IPC is made out against the applicant.”
Accordingly, the court quashed not only the charge sheet filed against Rai but also the cognisance and summoning order dated September 9, 2019.
The judge noted: In my view, the cognisance and summoning order dated September 9, 2019, as well as the charge sheet filed against the applicant and proceedings pending against him, are bad in law and are liable to be quashed. Accordingly, they are hereby quashed.”
Background of the Case
The controversy traces back to September 20, 2017, when, at around 11:50 am, Ajay Rai, along with others, allegedly led a procession in protest against the government despite prohibitory orders being in force.
The police claimed that by leading the agitation, Rai and his associates had violated Section 144 CrPC and thus committed an offence under Section 188 IPC.
Following the incident, an FIR was registered, and after the investigation, a charge sheet was submitted against Rai and others. The trial court then took cognisance of the matter on September 9, 2019, and issued a summons to the accused. Rai subsequently challenged this before the Allahabad High Court.
With the High Court’s order, Rai stands cleared of the charges, marking a legal victory for the Congress leader who has faced multiple cases during his political career.
#AllahabadHighCourt #AjayRai #CongressUP #Section144 #Section188IPC #ProtestRights #JudicialRelief #UPPolitics #RuleOfLaw