Shahnawaz Hussain / File a rape case against Shahnawaz Hussain - Delhi High Court

Zoom News : Aug 18, 2022, 11:58 AM
Shahnawaz Hussain: The Delhi High Court on Thursday ordered registration of an FIR against former Union Minister and BJP leader Shahnawaz Hussain. This order has been given regarding the allegations of rape against the BJP leader in 2018. The HC asked the police to complete the investigation within 3 months and submit the report to the trial court. Meanwhile, Shahnawaz Hussain has filed an appeal in the Supreme Court against the order of the Delhi High Court.

Justice Asha Menon had also reprimanded the Delhi Police during the hearing. Said his attitude has been lax.

Shahnawaz's appeal to SC - soon hearing

In the appeal filed in the Supreme Court, Shahnawaz said that the matter should be heard soon, but the court refused it. The Supreme Court is likely to consider the matter next week.

Victim's allegation – Rape was done at the farm house

The victim, who hails from Delhi, had filed a petition in the lower court in January 2018. In this, an appeal was made to file a rape case against Shahnawaz. The woman had alleged that he raped her at Chhatarpur farm house and threatened to kill her. The victim had sought a direction to the Delhi Police to register an FIR under Section 156(3) of CrPC.

The Metropolitan Magistrate had ordered the registration of an FIR against Shahnawaz on 12 July 2018. Against this, he had filed a revision petition. It was rejected. Now Shahnawaz had reached the Delhi High Court, but here also he did not get relief. A complaint was filed against Hussain in June 2018 under sections 376, 328, 120B and 506 of the IPC.

Delhi HC said – FIR complaint is the basis for investigation

The court also said that the FIR is the basis for investigation of the offense recorded in the complaint. It is only after the investigation that the police can come to a conclusion whether the crime was committed or not and if so who has committed it.

The Metropolitan Magistrate is free to determine whether to accept the final report. Either to pursue the matter or to believe that there is no case. Also whether he wants to quash the FIR after hearing the complainant.

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