Supreme Court Extends Interim Protection Granted To BJP Leader Kailash Vijayvargiya & 2 Others In Rape Case; Next Hearing On Dec 2

The Supreme Court on Tuesday extended the interim protection from arrest granted earlier by the Calcutta High Court to BJP Leader Kailash Vijayvargiya, RSS member Jisnu Basu, and Pradeep Joshi for the offence of rape. The Court was adjudicating upon a Special Leave Petition (SLP) against an order of the Calcutta High Court setting aside the order of the Chief Judicial Magistrate at Alipore which had dismissed an application seeking FIR against against the accused persons.

It had been alleged by the victim woman that Vijayvargiya had called her to his flat after which the accused persons had proceeded to commit rape on her, one after another following which she had been forced to leave the flat in a vegetated condition. She further alleged that the accused persons had also threatened to kill her and her son.

A Bench comprising Justices M.R Shah and A.S Bopanna on the previous date of hearing had refused to grant a stay on the criminal case lodged against the accused persons and had further permitted the Calcutta High Court to consider the anticipatory bail applications of the accused persons on merits. The Bench had also directed that the interim protection granted by the High Court will continue till November 16.

The Bench on Tuesday ordered that counter-affidavits must be filed December 1 and accordingly listed the matter for further hearing on December 2. 

"Interim order passed earlier is directed to be continued till further orders", the Court further directed. 

Background

As alleged by the victim woman, Vijayvargiya had called her to his flat wherein the bail applicants committed rape on her, one after another, and she was forced to leave the flat in a vegetated condition.

Further, it was alleged that since thereafter, she was physically assaulted on multiple occasions; more precisely, 39 times on diverse dates and places, and ultimately two complaints were lodged, dated December 20, 2019 u/s 341/506(ii)/34 of the Indian Penal Code and u/s 341/323/325/506/34 of the Indian Penal Code, however, no FIR was registered.

Thereafter, an application under Section 156(3) of the Code of Criminal Procedure was filed on November 12, 2020, which was dismissed by the CJM, Alipore. The said order was assailed before the High Court by filing the Criminal Revisional Application. The said criminal revision application was allowed by the HC, setting aside the order of the CJM, Alipore, and the matter was remitted back for reconsideration to the CJM, Alipore.

Finally, on October 8, 2021, and solely on the basis of the directions/orders passed by the High Court, CJM Court had directed the complaint to be treated as FIR.

Click Here To Read/Download The Order