The Supreme Court had issued notice in a special leave petition filed by BJP Leader Kailash Vijayvargiya, RSS member Jisnu Basu, and Pradeep Joshi against an order of the Calcutta High Court whereby it had set aside the order of the Chief Judicial Magistrate at Alipore and directed the lodging of an FIR against them in a sexual assault case.
Advocate Suhaan Mukerji accepted notice on behalf of the State of West Bengal.
Earlier this week, the High Court had adjourned the hearing of an anticipatory bail application filed by the three accused persons till October 27 in view of the SLP filed before the Supreme Court.
A bench of Justices MR Shah and AS Bopanna issued notice in the matter returnable on November 16.
The Court further ordered that in the meantime it was open for the High Court to consider anticipatory bail plea on merits and consider granting interim protection without prejudice to rights of parties.
"In the meantime, it will be open for the High Court to consider the anticipatory bail application on merits and/or to extend the interim protection granted earlier in the anticipatory bail application without prejudice to the rights and contentions of the respective parties in the present proceedings", reads the order.
In the beginning of this month, the High Court had granted anticipatory bail to the three accused.
A complaint was filed by a lady in West Bengal alleging that she had been raped by the accused in November, 2018.
In addition to the regular service, the Supreme Court has directed that the original complainant be served through the In-charge, Police Officer of the concerned Police Station.
Cause Title: KAILASH VIJAYVARGIYA v RAJLAKSHMI CHAUDHURI & ORS.
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