New Delhi [India], May 4 : The Supreme Court on Thursday affirmed the Calcutta High Court order sending back to the magistrate court plea by a complainant seeking to lodge an FIR against BJP leader Kailash Vijayvargiya under rape charges.
A bench of justices MR Shah and Sanjiv Khanna passed the order.
"In view of the above and for the reasons stated above, while affirming the impugned judgment and order passed by the High Court remanding the matter back to the learned Magistrate, we set aside the subsequent order passed by the Magistrate on remand, pursuant to the impugned judgment and order passed by the High Court and remit the matter back to the learned Magistrate to examine and apply his judicial mind and then exercise discretion whether or not to issue directions under section 156(3) or whether he can take cognizance and follow the procedure under section 202," the top court said.
"He can also direct the preliminary enquiry by the police in terms of the law laid
down by this Court in the case of Lalita Kumari (supra). Copies of the papers and documents filed before the High Court and this Court could also be forwarded and brought on record of the Magistrate, who would thereupon examine and consider the matter," the top court said.
"As observed herein above, the complainant/informant would be entitled to question the genuineness of the contents of the said documents," the apex court stated.
Earlier Chief Judicial Magistrate in Alipore on November 12, 2020, dismissed the application filed under Section 156(3) CrPC by the complainant requesting to direct the concerned police officer to register an FIR and investigate the matter. The complainant preferred Revision Application before the Calcutta High Court. By the impugned judgment and order, the Calcutta High Court on October 1, 2021 has allowed the said revision application and has quashed and set aside the order dated 12.11.2020 passed by the CJM, Alipore.
Kailash Vijayvargiya and others have preferred the appeals before the Supreme Court challenging the Calcutta High Court order.
The complainant has alleged that Kailash Vijayvargiya and the other two raped her in November 2018 and after the incident, she was threatened with dire consequences. The victim claimed that police did not register any FIR on her complaint and thereafter she moved an application in magistrate court urging the trial court to lodge FIR against the leaders.
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