City
Epaper

SC asks magistrate court to examine afresh rape allegations against Kailash Vijayvargiya

By ANI | Updated: May 4, 2023 23:45 IST

New Delhi [India], May 4 : The Supreme Court on Thursday affirmed the Calcutta High Court order sending back ...

Open in App

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.

Disclaimer: This post has been auto-published from an agency feed without any modifications to the text and has not been reviewed by an editor

Tags: Supreme CourtCalcutta High CourtKailash VijayvargiyaindiaDisney IndiaNew DelhiAll India Majlis E Ittehadul MuslimeenCommunist Party Of India MarxistIndia TodaySanjiv KhannaAir Asia IndiaAsia IndiaFifa U 17 World Cup India
Open in App

Related Stories

National'Jai Hind Ki Sena': From Devendra Fadnavis To Yogi Adityanath, Politicians Hail Indian Army For Operation Sindoor's Success

Maharashtra"Local Body Elections Long Overdue, We Are Fully Prepared", Sanjay Raut on SC Order

MaharashtraMaharashtra Local Body Polls 2025: Supreme Court Asks State Commission to Conduct Elections Within 4 Months

Social ViralViral Video: Snake Found Inside Train Toilet, Internet Reacts

NationalJ&K: Water Level Of Chenab River In Akhnoor Rises After Significant Dip (Watch Video)

Politics Realted Stories

MaharashtraPower Struggle in Maharashtra? Gulabrao Deokar, Satish Patil Join Ajit Pawar’s NCP Amid Mahayuti Rift

Maharashtra'Unity Not Just for Elections': MNS Leader Sandeep Deshpande on Possible Thackeray Alliance

PoliticsMurshidabad Violence: Shehzad Poonawalla Slams Yusuf Pathan Over Tea Post, Says, “As Hindus Get Slaughtered…”

PoliticsTamil Nadu Assembly Elections 2026: BJP-AIADMK Join Hands, Palaniswami To Lead Alliance, Says Amit Shah

Politics‘No Injustice to Muslims’: Shiv Sena Leader Manisha Kayande Slams Opponents of Waqf Amendment Bill