Delhi High Court Rejects BJP Leader’s Plea, Allows Rape Case To Be Filed

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The Delhi High Court has dismissed a petition by BJP leader Shahnawaz Hussain challenging a trial court order directing the Delhi Police to register an FIR or police case against him on a woman’s complaint alleging rape.
Justice Asha Menon said there was no perversity in the 2018 trial order directing the registration of the FIR and vacated the interim orders staying its operation.

“There is no merit in the present petition. The petition is dismissed. The interim orders stand vacated. The FIR be registered forthwith. The investigations be completed and a detailed report under Section 173 Cr.P.C. be submitted before the learned MM (metropolitan magistrate) within three months,” said the court in its order on Wednesday.

In its order, the high court said that while reference is made in the police status report to the recording of the statement of the prosecutrix on four occasions, there was no explanation as to why the FIR was not lodged.

“The FIR only puts the machinery into operation. It is a foundation for investigation of the offence complained of. It is only after investigations that the police can come to the conclusion whether or not an offence had been committed and if so by whom. In the present case, there seems to be a complete reluctance on the part of the police to even register an FIR,” said the court.

In 2018, a Delhi-based woman had moved the lower court seeking registration of an FIR against Shahnawaz Hussain on her allegation of rape. A magisterial court had on July 7, 2018, ordered registration of an FIR against the BJP leader, saying a cognizable offence was made out in the complaint of the woman.

This was challenged by the BJP leader before a sessions court which dismissed his plea.

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