Chinmayanand case: Law student’s plea for stay on arrest turned down by HC
The law student has accused BJP leader Chinmayanand of raping her following which the former Union minister was arrested on September 20 and sent to 14 days’ judicial custody.Updated: Sep 24, 2019 14:14 IST
The Allahabad high court on Monday refused to grant any relief to the Shahjahanpur law student who sought stay on her arrest in an extortion case filed by rape accused BJP leader Chinmayanand.
The woman had accused Chinmayanand of raping her following which the former Union minister was arrested on September 20 and sent to 14 days’ judicial custody.
“If the victim wants any relief in this regard, she may file a fresh petition before an appropriate bench,” said the two-judge bench, comprising Justice Manoj Mishra and Justice Manju Rani Chauhan, while adding, “This bench was nominated to the case only for monitoring the investigation in this matter and has no jurisdiction to pass order on stay of arrest.”
The victim, who was also present in the court room at the time of hearing, also made a prayer in her application that she may be permitted to record her rectified/fresh statement as her statement under Section 164 CrPC made before magistrate was not proper.
The court turned down this prayer too. It was of the view that in the application for the fresh statement, there was no allegations against the concerned magistrate or any provisions had been shown for recording rectified statement of the victim.
The only allegation made was that her signature was not obtained on each page of her statement and further that a woman was present while her statement was being recorded.
The court said that the magistrate had said the woman was present in the chamber so that victim may feel comfortable and secure during recording of her statement.
The Supreme Court had taken suo motu cognizance in the matter of Shahjahanpur’s missing LLM girl and had directed the high court to monitor the investigation of the case by a Special Investigation Team(SIT).
Direction to ensure the security of the woman were also issued by the Supreme Court.
On Monday, the bench asked the SIT to file the progress report of investigation into the case of alleged sexual harassment of the girl by the former union minister.
The SIT filed the case diary as well as summary of the progress report in a sealed cover before the court. It further informed the court that adequate security was provided to the victim and her family members.
After going through the summary of the progress report, the court found that investigation were going on in a proper way.
Finding that even the victim has not made any allegation in her application regarding any irregularities in the investigation by the SIT, the court fixed October 22 as the next date of hearing and directed the SIT to submit progress report.
First Published: Sep 23, 2019 16:44 IST