Bhopal (Madhya Pradesh): Supreme Court, on Thursday, quashed rape charges against BJP national general secretary Kailash Vijayvargiya, RSS member Jisnu Basu and suspended BJP leader Pradeep Joshi. After almost 17 months since the verdict was reserved, the Supreme Court on Thursday set aside an order by a magistrate in Kolkata directing a police investigation into an allegation of rape and criminal intimidation against trio.
The BJP leader Vijayvargiya was accused of rape and sexual assault by a prosecutrix, who claimed that she was called to his flat and then violated by him and others. Besides quashing this order, the top court directed the magistrate to consider afresh an application seeking the registration of first information reports (FIR) against the accused.
Order reads "While affirming Calcutta High Court's order to remand the matter to the magistrate, we set aside the subsequent order passed by the magistrate in remand. We remit the matter to the magistrate again to examine and apply judicial mind and exercise discretion on whether to issue directions under Section 156(3) or whether he can take cognizance and follow procedure under section 202 of CrPC. The magistrate can also direct a preliminary inquiry by police in terms of the law laid down in Lalita Kumari.
A bench of Justices MR Shah and Sanjiv Khanna was hearing special leave petitions filed by Vijayvargiya, Basu and Joshi against the decision of the Calcutta High Court. The apex court bench issued notice in the appeal in October 2021. In the same month, while refusing to stay the criminal case against the accused, the top court permitted the Calcutta High Court to consider their anticipatory bail applications.
Initially, the court had granted Vijayvargiya interim protection from arrest till the subsequent date of hearing, but by an order in December 2021, the protection was extended till the disposal of the special leave petitions.
