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Rajeswar refused sanction to prosecute citing that there was insufficient evidence to prosecute Mayawati and other accused. In his 23 page order, he said: "the fact that the Mission Management Board, consisting of officers of both the State and the Central Government, regularly met and discussed the project and the fact that even a sum of 170 million (US$2.6 was spent through the Central Government public sector undertaking, NPCC, all go to show that the serious offences with which Mayawati and the Minister were charged do not stand scrutiny."[6] The Supreme Court rejected the plea of the CBI and refused to direct the Governor to prosecute her. On 5 November 2012, Lucknow bench of Allahabad High Court upheld trial court's order to close the case for want of sanction to prosecute.

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