Businessman Samir Modi approached the Delhi High Court, challenging a Sessions Court order that stayed the registration of an FIR against his rape accuser. Modi had filed an extortion complaint against the woman, which a lower court had ordered.
Businessman Samir Modi has moved the Delhi High Court against a stay on the registration of an FIR against the woman who had levelled rape allegations against him.
The Sessions court at Saket on December 18 had stayed the operation of the order for registration of FIR. Samir has challenged the same.
Justice Sanjeev Narula on Wednesday heard the matter and relisted the same for hearing on January 12. Senior Advocate N Hariharan, along with Advocates Siddharth Yadav and Saurabh Ahuja, appeared for Samir Modi. On the other side, Senior Advocate Geeta Luthra, along with Advocates Bakul Jain and Prashansika Thakur, appeared for the victim.
A petition has been moved on behalf of Samir Modi seeking to set aside the order of December 18 passed by the additional Sessions Judge on the plea of the woman against whom the registration of FIR was ordered.
Lower Court Orders FIR for Extortion
On December 16, Saket Court had ordered registration of an FIR for alleged extortion against the woman who had levelled rape allegations against businessman Samir Modi. He was arrested by the Delhi Police. Subsequently, he was granted bail by the court on September 25. Additional Chief Judicial Magistrate (ACJM) Vinod Joshi had directed the SHO of New Friends Colony Police Station to file a compliance report on December 17. The order was challenged before the session court, and a stay was granted by the Additional Sessions Judge (ASJ), Sheetal Chaudhary Pradhan.
While giving direction for registration of FIR, the court had said that the charge sheet filed against Samir Modi is silent on the allegations levelled by him and the investigation, if any. "The machinery of the investigation agency cannot be employed to defeat the right of a complainant for a fair investigation upon his complaint," the court said in the order passed on December 16.
The court also pulled up the Delhi police over the delay in the disposal of the Complaint filed by Samir Modi. The court had directed the police to register an FIR under extortion charges against the prosecutrix, citing evidence of WhatsApp chats and voice recordings presented by Samir Modi's counsel.
Ongoing Legal Battles
Samir Modi was arrested in September 2025 after the prosecutrix filed a rape case against him.
It is alleged that the prosecutrix demanded Rs. 15 crores from Samir Modi. It was submitted that the Complaint of extortion was filed much prior to the registration of the FIR. The allegations of extortion were not investigated.
After the completion of the investigation, the Delhi police filed a charge sheet against Samir Modi, which is under consideration before the concerned court.
The court had also investigated the allegations of extortion levelled by Samir Modi.
His petition for quashing of the rape FIR is under consideration before the Delhi High Court. Besides, a petition was moved by the prosecutrix seeking cancellation of the bail granted by the Saket court in September. (ANI)
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