The Supreme Court on Thursday set aside the verdict passed by a Magistrate court in Kolkata, which ordered police to investigate into the allegations of rape and criminal intimidation against BJP National General Secretary Kailash Vijayvargiya, RSS member Jisnu Basu and suspended BJP leader Pradeep Joshi.
The Bench of Justice M.R. Shah and Justice Sanjiv Khanna passed the order after disposing of the special leave petitions filed by Vijayvargiya, Basu and Joshi against the Calcutta High Court verdict, which remanded the matter back to the Magistrate.
The Apex Court also directed the Magistrate to consider afresh the application seeking registration of first information reports (FIRs) against the accused.
It further set aside the subsequent order passed by the Magistrate in remand, directing the Magistrate to again examine and apply judicial mind and exercise discretion on whether to issue directions under Section 156(3) or whether he can take cognisance and follow the procedure under Section 202 of CrPC.
The Apex Court gave liberty to the Magistrate that he could also direct a preliminary inquiry by police in terms of the law laid down in the Lalita Kumari judgment.
It directed that oOfficial papers and documents filed before this court and the High Court be brought on record before the Magistrate.
The Bench gave liberty to the complainant/informant to question the genuineness of contents of the said document.
Earlier in October 2021, the apex court had issued notice in the appeal. It had also permitted the Calcutta High Court to consider the anticipatory bail applications of the asccused in October 2021, while refusing to stay the criminal case against them.
The Apex Court had initially granted Vijayvargiya interim protection from arrest till the subsequent date of hearing, which was extended till the disposal of special leave petitions in December 2021.
The Bench had reserved its verdict in December 2021.
A woman had accused the BJP leader of allegedly calling her to his flat and raping her. As per the woman, the accused allegedly took turns to rape her. She further alleged that the accused had also threatened to kill her and her son, if she revealed the insident to anyone.