The Supreme Court Monday asked the self-styled preacher Daati Maharaj, accused in a sexual assault case, to move Delhi High Court with his grievances over the alleged concealment of information from that court by the victim.
The top court, however, granted liberty to Maharaj to approach it after the matter is finally adjudicated by the High Court.
A bench of Justices N V Ramana and M M Shantangoudar asked senior advocate Mukul Rohatgi, appearing for Daati Maharaj to move the high court which had ordered CBI probe into the sexual assault case against him.
Rohatgi said that the petitioner before the high court on whose plea the CBI probe was ordered had concealed the information that a criminal writ filed by the same set of lawyers was dismissed by the high court, and even a petition was withdrawn from the Supreme Court.
"They committed a criminal contempt by playing fraud upon the court. They have not disclosed that a petition for CBI probe was already dismissed by the high court and a similar plea was withdrawn from the apex court," he said.
The bench said that Daati Maharaj can raise his grievances before the high court which is seized of the matter.
Rohatgi then sought permission to withdraw his petition and said that liberty should be granted to approach the apex court after high court finally adjudicate the matter.
The bench said that the petition is dismissed as withdrawn and granted him liberty to approach against the final order of the high court.
Maharaj had challenged the Delhi High Court's order transferring the matter to the CBI.
Rohatgi said during the arguments today that the first petition was dismissed by the high court in July and the petitioners then moved the apex court seeking CBI probe. However, that plea was withdrawn in September.
He further said that the petitioner, who claims to be victim, then moved the high court in second round by filing a fresh petition on the civil side, in which the court had now ordered CBI probe in the case.
"This information was concealed by the petitioner woman to the high court and the court ordered CBI probe in the case," he said.
The high court had on October 3 pulled up the Delhi Police for not arresting Daati Maharaj in the case and had transferred the matter to the CBI.
A complaint was filed against Daati Madan Lal alias Daati Maharaj on June 7 and an FIR was registered on June 11.
On June 22, police had questioned the accused, who has been charged with alleged rape of a disciple at his ashrams in Delhi and Rajasthan.
The accused has claimed he was being framed in the case.
The complainant has filed the case against the preacher, his three brothers and a woman at the Fatehpur Beri police station in South Delhi.
The case was later transferred to the Delhi Police's Crime Branch.
The high court, while transferring the case to the CBI, had said the manner in which police had carried out the probe "casts a shadow on the investigation".
The high court had said police did not arrest the accused in the case even after recording of the complainant's statement before a magistrate under Section 164 of the Criminal Procedure Code (CrPC).
The police had claimed before the high court that arrests were not made in the case as there were discrepancies and contradictions in the woman's statement.
It had also alleged that other women, who according to the complainant were also assaulted by the accused, have denied such allegations when they were questioned.
A trial court had earlier taken strong exception to the manner in which probe was being conducted in the case, saying the investigating officer had not been able to explain the efforts made to ensure that the accused does not abscond during the investigation.
It had directed the deputy commissioner of police (Crime Branch) to monitor the probe and ensure that a status report is filed before the court every week.
