Supreme Court to Hear Ex-Indian Army Officer’s Request for Stay of Criminal Proceedings in Rape Case

The Supreme Court today (November 5) issued notice on the Special Leave Petition filed by Rakesh Walia, a former officer of the Indian Army, seeking quashing of the FIR and other consequential proceedings against him on the grounds of malicious prosecution and abuse of law under Section. 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS).

a bench Judges Sudhanshu Dhulia and Ahsanuddin Amanullah It agreed to consider the SLP regarding the impugned judgment and final order of the Delhi High Court dated July 31, 2024.

The Supreme Court, by way of the impugned order, held that Captain Rakesh Walia had been vindicated under Article 528 of the BNSS under Articles 376/377/506/328 of the Constitution of India. He rejected the petition to quash the FIR for offenses under s.s. and consequential proceedings arising out of FIR No. 766/2021. Criminal Code, 1860.

According to the SLP, the High Court has ignored the important fact that 7 FIRs have been maliciously and wrongfully registered by the said Prosecutor/Complainant against 9 different persons at 7 different police stations, including the Petitioner, in the last 8 years.

The real matrix of the petitioner’s claim is that he is a well-known author and has written three books with a huge mark and following on social media. During the Covid lockdown around 2019-2020, Respondent No. 1, who claimed to be a Social Media Influencer and had sufficient team to assist the Petitioner in marketing his autobiography book “Broken Crayons Can”. 2 (Complainant/Prosecutor) contacted Petitioner. We are bringing “Still Colour” to wider audiences on various social media platforms.

The plaintiff stated that he decided to avail the services of Defendant No.2. On December 29, 2021, they met in person to discuss methods for promoting his autobiography. On the same day, the Plaintiff alleged that the Defendant No. 2 lodged a complaint at Noida Sector 37 Police Station alleging that she was raped by offering him an intoxicating drink.

The petitioner alleged that FIRs were subsequently lodged at Ghitorni and Mehrauli Police Stations. Following the investigation, no arrest charges were filed against the applicant. On August 4, 2022, the Plaintiff was granted regular bail by the Trial Court. Following this, the Additional Chargesheet was filed by the Mehrauli police. Plaintiff’s case, Defendant no. 2’s lawyer applied to him to make a financial settlement.

Case Details: RAKESH WALIA v. NCT DELHI AND ANR STATE, SLP(Crl) No. 14850/2024

Appearance: Advocate Ashwani Kumar Dubey

Click to Read the Order