Highlights:

• Court rejected the B summary report (closure report) submitted in the rape case against T-Series MD, Bhushan Kumar.
• Rape charges were filed against Bhushan Kumar by a 30-year old woman in July last year.
• A striking fact pointed out by the magistrate – neither any arrests were made after registration of the offence, nor did the accused approach for pre-arrest bail which indicates confidence and commitment.
• Further investigations have been ordered into the case which will be supervised by the zonal DCP.

Son of music baron, the late Gulshan Kumar was convicted of rape in July 2021. A summary of a closure report was submitted earlier this month which was denied by magistrate RR Khan on Monday. The court held that several legal aspects have been compromised during the investigation.

The court condemned T-Series MD Bhushan Kumar’s attempt to contest the matter. “His attempts show his hunger and thirst to get rid of the matter at the earliest,” according to the court were labelled as unfortunate, unethical and unjustified and a probe into the case was ordered.

The court was investigating a B Summary report filed by the Mumbai Police. The police submit a B Summary report in cases where the case is classified as maliciously false or when there is a lack of evidence or prima facie against the accused after the investigation. The magistrate then pores over the details and decides whether to accept the closure or ask the police to investigate further.

For the unversed, the case that was being investigated by the DN Nagar Police station was against T-Series MD Bhushan Kumar and involved IPC for rape, cheating and intimidation. The complainant, a 30-year-old woman alleged that she was raped by the MD on the pretext of providing the opportunity to work on one of his company projects.

Taking a note of the fact that the complainant woman has exploited the provisions of law that are meant for need litigants, by standing in favour of the B Summary report, the court instructed the police to thoroughly probe into the matter as per law and the Zonal DCP to supervise the investigation. The report had been dismissed by magistrate RR Khan earlier this month and the detailed order was made available on Monday.

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The woman gave her no objection to the B Summary report and filed an affidavit before the court mentioning that the allegations she made against Bhushan Kumar were on grounds of “circumstantial misunderstanding”. Detesting the conduct of the woman, the magistrate said that she has set the criminal law in motion, and she has no complaints about the final report. Her actions demonstrate that she has abused legal provisions intended for low-income litigants. She has crossed every limit that all women have been following for decades for her gain and advantage.

Upon scrutiny of the final report, the magistrate said that it was evident that post the FIR registration, investigating officers,  Police Inspector Anil Mule and Assistant Police Inspector Hasina Shikalkar of DN Nagar Police Station transgressed the directions of law alongside government advisories by failing to record the statement of the victim under section 164 of the Criminal Procedure Code before a magistrate. They have also violated the Supreme Court’s directions by which it was obligatory for the police to record the victim’s statement before a magistrate.

Additionally, the magistrate added that the most significant feature of this matter is that after the offence was registered, no efforts were made on the part of the investigating officers to arrest the accused nor did the accused approach for pre-arrest bail which indicates confidence and commitment.