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Syed Shanawaz Hussain had challenged the order of the Delhi High Court ordering the registration of an FIR against him in a 2018 rape case. Before the High Court, he had challenged a trial court order directing the registration of an FIR against him, claiming that the metropolitan magistrate had not disclosed the reasons for it.
The Supreme Court on Monday dismissed plea filed by BJP leader Syed Shahnawaz Hussain against the Delhi High Court order directing the registration of an FIR against him in a 2018 rape case.
A bench of Justice S Ravindra Bhat and Justice Dipankar Datta said that a fair investigation shall proceed in the matter and if there is nothing, Hussain will be exonerated.
The apex court was hearing a petition filed by Hussain challenging the order of the Delhi High Court directing the registration of FIR in a 2018 rape case.
It may be noted that, earlier, the apex court had stayed the order of the Delhi High Court directing registration of FIR Hussain.
Before the Delhi High Court, Shahnawaz had challenged the trial court’s judgment dated July 12, 2018, wherein the Special Judge had dismissed the revision petition filed against the orders of the Metropolitan Magistrate directing registration of FIR against Hussain.
While dismissing the petition, Justice Asha Menon of the Delhi High Court had ordered the investigation to be completed and a detailed report to be submitted before the Metropolitan Magistrate (MM) as per Section 173 of CrPC within three months.
Hussain's counsel, thereafter, mentioned the matter before the Supreme Court on Thursday and the court directed to list the same in the coming week.
A complaint was filed on June 21, 2018, against Hussain alleging commission of offences under Sections 376, 328, 120B, 506 of the Indian Penal Code (IPC), along with it, the complainant also filed an application under Section 156(3) CrPC seeking directions to the Police for registration of an FIR.
On July 4, 2018, an Action Taken Report (ATR) was filed by the police concluding that the allegations raised by the complainant were not substantiated by the investigation. Hussain’s contention is that despite receiving the ATR, the Magistrate directed the registration of an FIR on July 7, 2018.
The Top Court was told that if the FIR is registered, the unblemished career of Hussain will be irretrievably damaged. It was further argued that the complainant, on the previous occasion, had tried to fraudulently, malafidely and falsely implicate Hussain.
Case Title: Syed Shahnawaz Hussain vs. The State & Anr.
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