Allahabad HC junks MP Atul Rai’s plea seeking quashing of FIR
The Allahabad high court has dismissed a petition filed by BSP MP from Ghosi Atul Rai seeking quashing of the First Information Report (FIR) registered against him under the Gangsters Act at Lanka police station of Varanasi on October 23, 2021. The bench comprising Justice Sunita Agarwal and Justice Sadhna Rani refused to quash the FIR.
As per the petitioner, earlier he had filed a contempt petition against some police officers and therefore, the investigating officer was bent upon keeping the petitioner behind bars and the current FIR was an act of revenge on the part of the investigating officer and the FIR was registered when petitioner was in jail and could not have been involved in any criminal activity. Rai has been in jail since June 2019 for allegedly raping a woman in his home in Varanasi in 2018. The woman and her male friend had later set themselves ablaze outside the Supreme Court on August 16, 2021. The woman’s male friend died on August 21 while she succumbed to burns on August 24..
The court after hearing concerned parties while dismissing the petition observed, “As regards the contention of learned counsel for the petitioner that the petitioner being in jail and his bail application having been refused, he could not have been booked under the Gangster Act. We do not find any substance in the said submission and suffice it to say that the first information report cannot be quashed on this ground.”