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In her complaint, the prosecutrix had alleged that she was called by Vijayvargiya to his flat after which the accused allegedly committed rape on her, one after another. The woman had also alleged that she was physically assaulted on multiple occasions after this incident - as many as 39 times.
The Supreme Coort today set aside the order directing a police investigation into an allegation of rape and criminal intimidation against BJP Leader Kailash Vijayvargiya, RSS member Jisnu Basu, and Pradeep Joshi.
Additionally, the supreme court has also directed the magistrate to consider afresh an application seeking the registration of FIR against the accused.
"We remit the matter to the magistrate again to examine and apply judicial mind and exercise discretion on whether to issue directions under S 156(3) or whether he can take cognisance & follow procedure..", the Court has ordered.
In October, 2021, a Supreme Court bench of Justices MR Shah and AS Bopanna had issued notice in the instant special leave petition filed by Vijayvargiya and others 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 had accepted notice on behalf of the State of West Bengal.
Earlier, 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.
The Court had 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", read the order.
In the beginning of October 2021, 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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