Stay on Delhi High Court order to register FIR against Shahnawaz Hussain

New Delhi,( The Supreme Court stays the Delhi High Court’s order to register an FIR against BJP leader Shahnawaz Hussain on rape charges. The Supreme Court has issued a notice to the victim woman in this case. The next hearing on the matter will be held in the third week of September. The Delhi High Court had directed the Delhi Police to register an FIR against Shahnawaz Hussain and investigate within three months and file a report in the trial court. The High Court had said that it is clear from looking at all the facts that there is a reluctance on the part of the police to register an FIR in this case. According to the High Court, the trial court requested an action taken report from the police, but the police report presented in court was not final.

In fact, on April 22, 2018, a Delhi woman complained to the police station that Shahnawaz Hussain had raped her and threatened to kill her at a farm house in Chhatarpur. According to the woman, the police did not take any action on her complaint. After that, on April 26, 2018, the woman complained to the police commissioner. According to the woman’s complaint, the police wanted to save Shahnawaz .On June 21, 2018, the woman filed a petition in the Saket court seeking the registration of a rape case against Shahnawaz The police had told the trial court that no case was made out against Shahnawaz Hussain. The trial court, while rejecting the contention of the Delhi Police, said that the complaint of the woman has been found to be a cognizable offence. The Metropolitan Magistrate of Saket Court ordered the registration of the FIR on July 7, 2018.

Shahnawaz filed a revision petition in the Special Court against the order of the Metropolitan Magistrate. On July 12, the special judge also approved the order of the Metropolitan Magistrate, dismissing the petition of Shahnawaz Hussain. The special court said that under the Crime Amendment Act, in the case of rape, the police are bound to record the statement of the victim woman before the magistrate. The Special Court observed that the investigation conducted by the Delhi Police was a preliminary inquiry and the Metropolitan Magistrate corrected the police report as not concluding the case. After that, Shahnawaz Hussain challenged the order of the Special Judge in the High Court.(H.S.)