KAILASH VIJAYVARGIYA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) All the aforesaid anticipatory bail applications are taken up together having its genesis from a common allegations. The case originated on the basis of an order passed by the learned Chief Judicial Magistrate, Alipore directing the complaint filed under section 156(3) of the Code of Criminal Procedure to be treated as First Information Report and thereafter the ball rolled in the corridor of investigation. Prelude to the case, is required to be adumbrated, to have the clarity of facts discernible from the allegations made by the accused against the aforesaid three petitioners.

(2.) The starting point of an allegation is on November 29, 2018 when the accused was called by the petitioner in CRM 6826 of 2021 at his flat 'Rameswaram Apartment, situated at 19A, Sarat Bose Road, Kolkata - 700020 to desist her from pursuing her earlier complaint lodged against some of the members of the political party and in pursuit thereof they committed rape on her, one after another, and she was forced to leave the flat in a vegetated condition upon perpetration of threat on her life including her son. It is further alleged that she intended to lodge an FIR in the Women Police Station at Behala, but she had shown an apathetic attitude as no FIR was registered on her complaint. It is, further, 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, one at Sarsuna Police Station being Case No. 131 of 2019 dated December 20, 2019 under Section 341/506(ii)/34 of the Indian Penal Code and another at Bolpur Police Station being Case No. 89 of 2020 under Sections 341/323/325/506/34 of the Indian Penal Code. The allegation proceeds further that since, thereafter, she has been approaching different authorities to ventilate her grievances but due to dormant attitude, having shown to her, an application under Section 156(3) of the Code of Criminal Procedure was filed on November 12, 2020.

(3.) The said application was dismissed by the Chief Judicial Magistrate, Alipore on November 12, 2020, primarily on two counts, firstly, there was an abysmal delay in lodging the First Information Report of the alleged incident of November 29, 2018 and secondly, the veracity and truthfulness of the allegation is doubtful. In effect, the application was rejected sans merit in it.