New Delhi: The Supreme Court on Thursday set aside an order passed by a Kolkata Magistrate court, which directed police interrogation against BJP National General Secretary Kailash Vijayvargiya, RSS member Jishnu Bas and Pradeep Joshi, for their role in alleged rape & criminal intimidation.
The Bench of Justice M.R. Shah and Justice Sanjiv Khanna passed the order while hearing the special leave petition (SLP) filed by Kailash Vijayvargiya, Jishnu Basu & Pradeep Joshi.
“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 u/ S 202, CrPC”, the Court ordered.
The Apex court not just quashed the order but also directed the Magistrate to consider afresh, the application seeking registration of First Information Report (FIR) against the accused.
The Apex Court said that the Magistrate could direct a preliminary inquiry by police in terms of law laid down in Lalita Kumari judgment and also said that official papers and documents filed before this court and the High Court, be brought on record before the Magistrate.
Earlier, the Apex Court had granted interim protection to Vijayvargiya from arrest till subsequent date of hearing, which was extended till the disposal of SPL in December 2021.
BJP leader Vijayvargiya was accused of rape & sexual assault by a prosecutrix, who claimed that she was called to his flat and then violated by him & others. The woman further alleged that she was assaulted on multiple occasions other than the ‘home torture’ – 39 times to be specific. She had lodged a police complaint against physical assault in December 2019, however, no FIR was registered then.
