Registrar Has No Power To Cancel Registered Sale Deeds: Madras High Court Reaffirms Civil Court’s Exclusive Jurisdiction MP High Court Refuses to Quash FIR Against Principal of Sacred Heart Convent High School in Forced Conversion Case Employees Of Registered Societies Cannot Claim Article 311 Protection: Delhi High Court Clarifies Limits Of Constitutional Safeguards In Private Employment Maintenance Cannot Be Doubled Without Cogent Reasons, Wife's Education And Earning Capacity Relevant Factors: Gujarat High Court A Foreign Award Must First Be "Recognised" Before It Becomes A Decree: Bombay High Court A Registered Will Does Not Become Genuine Merely Because It Is Registered: Andhra Pradesh High Court Rejects Suspicious Testament Compensation Under Railways Act Requires Proof of Bona Fide Passenger – Mere GRP Entry and Medical Records Cannot Establish ‘Untoward Incident’: Delhi High Court Tenancy Rights Cannot Be Bequeathed By Will: Himachal Pradesh High Court Declares Mutation Based On Tenant’s Will Void Preventive Detention Cannot Be Based On Mere Apprehension of Bail: Delhi High Court Quashes PITNDPS Detention Order Probate Court Alone Has Exclusive Jurisdiction To Decide Validity Of Will – Probate Petition Cannot Be Rejected Merely Because A Civil Suit Is Pending: Allahabad High Court PwD Candidates Cannot Be Denied Appointment After Selection; Authorities Must Accommodate Them In Suitable Posts: Supreme Court Directs SSC And CAG To Appoint Candidates With Disabilities When Registered Partition Deed Exists, Plea Of Prior Oral Partition Cannot Override It:  Madras High Court Dismisses Second Appeal Municipal Bodies Cannot Demand Character Verification Of Residents: Calcutta High Court Strikes Down Surveillance Condition In Building Sanction State Cannot Exploit Contractual Workers For Perennial Work: Punjab & Haryana High Court Grants Pay Parity To PUNBUS Drivers And Conductors Police Inputs Cannot Create New Building Laws: Calcutta High Court Strikes Down Security-Based Conditions Near Nabanna 'Raising A Child As Daughter Does Not Make Her An Adopted Child': Punjab & Haryana High Court Once Leave Under Section 80(2) CPC Is Granted, Prior Notice to Government Is Not Mandatory: Orissa High Court Restores Trial Court Decree State Cannot Use Article 226 To Evade Compliance With Court Orders: Gauhati High Court Dismisses Union’s Petition With Costs ED Officers Accused Of Assault By ₹23-Crore Scam Accused – FIR Survives But Probe Shifted To CBI: Jharkhand High Court High Courts Should Not Interfere In Academic Integrity Proceedings At Preliminary Stage: Kerala High Court Power Of Attorney Holder With Personal Knowledge Can Depose In Cheque Bounce Cases: Kerala High Court Sets Aside Acquittal Agreement Cannot Dissolve Hindu Marriage, But Can Prove Mutual Separation”: J&K & Ladakh High Court Denies Maintenance

Supreme Court stayed registration of FIR against BJP's Shahnawaz Hussain in rape case

07 May 2024 8:19 AM

By: Admin


The Supreme Court stayed all legal action against BJP Leader Syed Shahnawaz Hussain on Monday in relation to an alleged rape allegation from 2018. Hussain has petitioned the Supreme Court to overturn a Delhi High Court decision ordering the filing of a FIR against him.

Now, the case will be heard the following month. The complainant, who was reportedly intimidated and abused at the direction of the accused, has been given permission by the highest court to approach the Police, who will be obligated to offer protection, if necessary.

Justices S. Ravindra Bhat and Sudhanshu Dhulia are also on the bench, and they have given the complainant side permission to make any objections it chooses.

Prior to the bench of Chief Justice N.V. Ramana, Justice Hima Kohli, and Justice C.T. Ravikumar last week, the subject was referred for an urgent hearing.

Hussain's senior attorney, Mukul Rohatgi, contended that the High Court had applied the law incorrectly by assuming that the only way to conduct an investigation is after a FIR has been filed.

According to Rohatgi, "like this, anyone may make complaints against top bureaucrats and damage their reputation." He added that the inquiry report did not uncover enough evidence to warrant opening an investigation.

He asserted that Hussain's brother was the target of all the accusations. In 2013, the complainant claimed that he had assaulted her under a false pretence of marriage. But the case wasn't filed until 2018, four years later. Hussain is accused of calling the complainant to his home to settle a dispute with his brother. However, he gave the victim a drink, rendering her unconscious, and Hussain then took advantage of her. "Sexual assault is not mentioned in the complaint," Rohatgi said.

In June 2018, a complaint was made against BJP leader Syed Shahnawaz Hussain, stating that he had committed crimes under sections 376, 328, 120B, and 506 of the IPC. Later, the complainant submitted an application under Section 156(3) CrPC asking the municipal police for instructions on how to register a FIR. On July 4, 2018, the city police submitted an action taken report (ATR) to the Metropolitan Magistrate (MM). It was determined that the investigation did not support the charges made by the complainant.

Hussain had argued that the MM had instructed the registration of a FIR even though the ATR had been received. The Special Judge upheld this decision and noted that the Criminal Amendment Act of 2013 had made it a requirement for the Police to record the victim's statement in rape cases. Furthermore, it was determined that the investigation into the filing of the FIR was only preliminary in nature and that the MM was correct in not treating the ATR as a cancellation report.

The Special Judge's decision to dismiss his revision petition against the MM's directives and order the registration of a FIR was appealed.

The Delhi High Court noted that the allegation provided to the police commissioner made it abundantly evident that rape had been committed following the administration of a "stupefying chemical." Additionally, it stated that the SHO was required by law to file the FIR after receiving the complaint. The police are required to provide a report under Section 173 of the Criminal Procedure Code in the format specified by the court after their investigation is complete. Justice Asha Menon had ordered the inquiry in the case to be finished and a full report under Section 173 CrPC to be produced before the MM within a period of three months while noting the "total unwillingness" on the part of the municipal police to lodge the FIR.

The Delhi High Court has been challenged by Hussain in the Supreme Court, who claims that filing a FIR against him would damage his reputation.

Latest Legal News