Lucknow: In a major relief to former chairman of Shia Waqf Board, Syed Wasim Rizvi who converted to Hinduism as Jitendra Narayan Tyagi, the Lucknow Bench of Allahabad High Court has rejected a petition against the removal of sections pertaining to misconduct and robbery in a case registered against Rizvi in 2021.
A single bench of Justice Subhash Vidyarthi rejected the petition demanding that the sections pertaining to misconduct and robbery be incorporated into the FIR registered against Tyagi at Sahadatganj police station. The case was filed in the year 2021 against Tyagi for misconduct and robbery inside the house of a woman while her husband was away.
The police has filed a charge sheet only on the charges of assault, abusing and threatening to kill the victim while the sections pertaining to misconduct and robbery have been dropped. In the fresh petition against the dropping of the said sections, the petitioner demanded that considering the facts and evidence of the case, the lower court should be ordered to summon accused Wasim Rizvi in the case of misconduct and robbery also.
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The petition was however opposed by state government advocate Rao Narendra Singh. Singh argued that the petitioner has filed the present petition directly in the High Court without giving any application in the concerned court, which is not maintainable. The court, in its order passed after hearing the arguments of both the parties, said that the cognizance taken of the charge sheet by the lower court is legal.
In the petition, a demand was also made to order the DGP to take action against Lucknow Police Commissioner, Joint Commissioner, DCP Western, ACP Bazar Khala, SHO Sahadatganj and investigating officers. Terming this demand of the plaintiff as vague, the court rejected the petition. It is noteworthy that in the case, the woman had lodged an FIR at Sahadatganj police station on July 15, 2021, in which it was alleged that four years ago, Tyagi entered the room of the victim in the absence of her husband and raped her and took her obscene pictures.
It was also alleged that Tyagi raped her several times while threatening to make the photos viral. However, the allegations of misconduct could not be confirmed during investigation.
