Rajesh Pandey
The Allahabad High Court has dismissed a petition filed by Ajai Rai, former MLA and a candidate in Varanasi Lok Sabha seat challenging the criminal proceedings going against him at Varanasi trial court under some sections of IPC and the Gangsters Act case registered in the year 2010 at police station Chetganj, Varanasi. The FIR in this case was registered on March 26, 2010 by one Bhanu Pratap Singh.
Dismissing a petition filed by Ajai Rai and four others, Justice Sanjay Kumar Singh observed, “The trial is at the advance stage in the present case. So far as alleged compromise between the applicants and complainant – Bhanu Pratap Singh for the offence under IPC is concerned, it is not in dispute that UP Gangster and Anti Social Activities (Prevention) Act is a special Act. 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 and it is also not in dispute that it is a state case, therefore, it is the state, who has to contest and prosecute the accused persons for the offences under Gangsters Act. No compromise with regard to offence under Section 3(1) U.P. Gangster Act between the applicants and state can take place. There is no statutory basis to quash the proceedings under Section 7 Criminal Law (Amendment) Act and Section 3(1) U.P. Gangster Act even after compromise between the complainant and accused-applicants for the offence under IPC. The compromise in part is not permissible”.
During the court proceedings, counsel for the petitioners had taken the plea that during examination of prosecution witnesses, the applicants and complainant – Bhanu Pratap Singh entered into compromise on September 28, 2023 and on the basis of said compromise, the present application under section 482 of criminal procedure code (CrPC) has been preferred by the applicants to quash the further proceeding of the aforesaid session trial no- 7 of 2012 going on in Varanasi district court.
- On the other hand, the counsel for the state government opposed the petition he applicants on the ground that the trial is at the very advanced stage. Further, they are facing trial under Section 7 Criminal Law (Amendment) Act and under Section 3(1) of U.P. Gangster and Anti Social Activities (Prevention) Act, which are non-compoundable offences, therefore, no compromise can be made for these offences. Secondly, he also pointed out that the first applicant Ajay Rai, who is an ex-MLA, is having a long criminal history of 27 cases including the present case.
