New Delhi: In a relief to Congress MP Mahabal Mishra, the Delhi High Court on Wednesday set aside a trial court`s summons issued against him and his brother for their alleged role in the kidnapping and rape of a minor girl in 2006.
Justice GP Mittal said: "The order of learned ASJ (additional sessions judge) passed on Feb 4, 2013 cannot be sustained; the same is accordingly set aside with the direction to the learned ASJ to proceed in accordance with law laid down in Ranjit Singh case. If learned 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."
Mishra, his brother Hira Prasad Mishra, wife Urmila Mishra and daughter Kiran Mishra had approached the high court against the summons issued to them Feb 4 and also sought suspension of the proceedings in the trial court.
The high court Feb 8 suspended the summoning order issued by a fast-track court in Dwarka directing Mishra, an MP from West Delhi, and his family members, including his wife and daughter, to appear before it Feb 18.
The fast-track court directed Mishra, his wife, daughter and brother to appear before it, after it was informed that the summons issued earlier were not served as the family members were not in Delhi.
The victim had alleged that after being kidnapped, she was confined at Mishra`s office at Mahavir Enclave in west Delhi and his brother`s house for some days.
The victim and her father alleged that Mishra`s family members told her to marry the prime accused, Pradeep Sehrawat, who faces rape charge.