The Delhi High Court has ordered that an FIR be lodged against BJP leader Shahnawaz Hussain immediately on the complaint of a woman who had accused him of rape in 2018.
Observing that there was complete reluctance on the part of the police to register the FIR, Justice Asha Menon held that there was nothing wrong in the 2018 trial order directing the registration of the FIR and set aside the interim order of the court. granted, its operation was banned. ,
“There is no merit in the present petition. The petition is dismissed. Interim orders are set aside. FIR should be lodged immediately. The inquiry be completed and a detailed report under section 173 of CrPC be placed before the learned MM (Metropolitan Magistrate) within three months,” the court said in its order on Wednesday.
A woman from Delhi had approached the trial court seeking registration of an FIR against Mr. Hussain for rape.
The High Court, in its order, observed that while the status report of the police referred to recording of the statement of the prosecutor on four occasions, there was no explanation as to why the FIR was not registered.
“The FIR only turns on the machinery. It is a ground for investigation of the offense complained of. It is only after the investigation that the police can come to a conclusion whether the offense has been committed or not and if so, by whom. In the present case, there appears to be complete reluctance even on the part of the police to register an FIR,” the court said.
A magisterial court had on 7 July 2018 ordered registration of an FIR against Mr. Hussain, observing that a cognizable offense has been made out in the woman’s complaint.
This was challenged by the BJP leader in the sessions court which rejected his plea.
The High Court had on July 13, 2018 passed an interim order staying the trial court’s order directing the Delhi Police to register an FIR.
It had then issued notice on the politician’s plea and sought response from the woman and the police.
Mr. Hussain challenged the trial court’s order on the ground that despite the police’s stand that its investigation found that the allegations made by the complainant were not proved, the trial court directed registration of an FIR.
The prosecution said that the FIR was to be registered in the light of the directions issued by the Supreme Court in the Lalita Kumari case and there was no defect in the order in favor of its registration.