2006 minor rape case: Delhi HC quashes trial court summons
The Delhi high court on Wednesday set aside a trial court order summoning Congress MP Mahabal Mishra and his three family members in a case of kidnapping and rape of a minor girl in 2006.delhi Updated: May 29, 2013 22:04 IST
The Delhi high court on Wednesday set aside a trial court order summoning Congress MP Mahabal Mishra and his three family members in a case of kidnapping and rape of a minor girl in 2006.
The court said that instead of summoning the persons named in the case directly, the trial court should have made a reference to the high court which can direct taking cognisance against them in the case, if necessary.
Allowing the pleas of West Delhi MP Mishra, his wife Urmila, daughter Kiran and brother Hira Prasad, Justice G P Mittal set aside the fast track court's February 4 summoning them in the case. The allegation against the four was that they had allowed the prime accused to confine the alleged victim. Relying on Supreme Court judgements, Justice Mittal in his order said, "In view of above discussion, the order of February 4, 2013 passed by the Additional Sessions Judge (ASJ) cannot be sustained; the same is accordingly set aside with the direction to the ASJ to proceed in accordance with law....
"If ASJ finds that it is a case where a reference should be made against any or all the petitioners, he shall be entitled to do so." The court accepted the argument of Mishra's counsel that the ASJ acted illegally in straightaway summoning the petitioners.
The court also rejected the prosecution argument that if the plea was allowed, it would interfere into this court's earlier order in which it had said that the trial court could consider the provisions under which Mishra and other accused could be summoned in the case while hearing the victim's plea in 2010. After the high court order, the fast-track court, set up to try cases of sexual offences against women, in February this year had directed Mishra and three of his his family members to "positively" appear before it on the next date of hearing.
"I am not inclined to accept the contention raised on behalf of respondent that interference with the order dated February 4, 2013 passed by the ASJ would amount to review of the order dated February 27, 2012 passed by the Single Judge," Justice Mittal said.
The victim and her father had alleged she was confined at Mishra's office at Mahavir Enclave in West Delhi and his brother's house for some days after being kidnapped and that his family members told her to marry the prime accused Pradeep Sehrawat who faces the rape charge.