Top Court to hear Shahnawaz Hussain's plea next week against High Court order on registering FIR against him in rape case
The Delhi High Court in the impugned order noted that the FIR only puts the machinery into operation and serves as the foundation for an investigation into the alleged offence and only after conducting investigations can the police determine whether or not an offence was committed and, if so, by whom.
The Supreme Court has agreed to hear a plea by BJP Leader Syed Shahnawaz Hussain who moved the court against the Delhi High Court's decision ordering registration of an FIR against him in a 2018 rape case.
Delhi High Court on Wednesday ordered the registration of an FIR against Hussain.
The high court was hearing a petition filed by Hussain challenging 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 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 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 the petitioner will be irretrievably damaged. It was further argued that the complainant, on the previous occasion, had tried to fraudulently, malafidely and falsely implicate Hussain.
Hussain's counsel argued that the complainant had posted defamatory content against Hussain and his brother on social media and in December 2017, a complaint was also filed against her, much prior to the filing of the instant complaint.
He further alleged that the complainant has had a marital dispute with Hussain's brother wherein she had tried to falsely implicate him, previously also.
Case Title: Syed Shahnawaz Hussain vs. The State & Anr.