A local court on Tuesday, 22 October, dismissed a petition from BJP leader Swami Chinmayanand, who is accused of rape by a law student, demanding that the Gangster Act should be slapped on the woman and three others for trying to blackmail him.
Chief Judicial Magistrate Omveer Singh dismissed the petition saying it was not in his jurisdiction. He directed that it should be moved before the relevant court, Chinmayanand’s lawyer Pooja Singh told PTI.
On Monday, Chinmayanand had sent a letter to the police making his demand.
The 23-year-old law student was arrested last month by a special investigation team (SIT) on charges of extortion.
According to the SIT, the law student and her three friends -- Sanjay, Sachin and Vikram allegedly demanded Rs 5 crore from Chinmayanand, failing which they threatened to upload online video clips showing him getting massages from her.
An official of Shahjahanpur district jail, where Chinmayanand is lodged since he was arrested on September 20, said the former Union minister gave him the letter and it was despatched to the superintendent of police.
Chinamayanand's advocate also filed a petition in the court of the chief judicial magistrate (CJM) for slapping the Gangster Act on the law student and her three friends.
“A petition has been filed in the court of CJM Omveer Singh stating that the Gangster Act should also be slapped on the four accused persons, including the woman, for demanding extortion.”Pooja Singh, Chinmayanand’s advocate
"In the application, it is also said that the court should send the case to a special court for hearing under the Gangster Act," she said.
After hearing the application, the court reserved its order, Singh said.
According to the petition, Sachin came to meet Chinmayanand at his residence on 9 August. Sachin told Chinmayanand that he had all evidence with him and if the former Union minister does not pay Rs 5 crore then a false case would be lodged against him.
The petition claimed that Sanjay has been booked in two cases, including one for attempt to murder, at Shahjahanpur's Tilhar police station.
The plea also claimed that the law student's mother was involved in criminal and anti-social activities and two cases have been lodged against her father.
Chinmayanand has been booked under section 376C of the Indian Penal Code (IPC), which is usually applied in cases where a person abuses his position to “induce or seduce” a woman under his charge to have “sexual intercourse not amounting to the offence of rape”.
He also faces charges of stalking under section 354 D, wrongful confinement under section 342 and criminal intimidation under section 506 of the IPC.
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