The Delhi High Court has ordered the Delhi Police to file an FIR against BJP leader Shahnawaz Hussain in connection with an alleged rape case in the national capital in 2018.
Hussain was challenging a local court judgement dated July 12, 2018, which dismissed his revision petition on July 7, 2018.
“In the present case, there seems to be a complete reluctance on the part of the police to even register an FIR. In the absence of the FIR, at best, the police could have, as correctly observed by the special judge (trial court), conducted only what is a preliminary inquiry. The very fact that it was only a reply that was filed by the police before the metropolitan magistrate, sufficiently establishes that it was not a final report that was submitted by the police,” Justice Asha Menon said in the order passed on Wednesday.
Taking note of the status report, the single-bench judge said, “… that the complaint had been received at the police station from the Commissioner’s office, but clearly, till the directions were issued by the learned Trial Court, no investigations were carried out.”
It further observed, “… the complainant (woman) had gone to the police station on 16th June, 2018 to register a complaint but since she was not aware of the place of incident, she said she would come to the police station the following Monday. Thus, some information had in fact been given to the Station House Officer, Mehrauli about which the so-called ‘reply’ is completely silent.”
“The recording of the statement of the prosecutrix on four occasions is referred to in the Status Report filed before this Court, but there is no explanation as to why the FIR was not lodged. The FIR only puts the machinery into operation. It is a foundation for investigation of the offence complained of. It is only after investigations that the police can come to the conclusion whether or not an offence had been committed and if so by whom,” the court averred.
Upholding the lower court order, the bench said there is no perversity in the orders of the earlier order directing the registration of the FIR.
“There is also no error in the judgment of the learned Special Judge holding that the inquiry report being preliminary in nature cannot be considered as a cancellation report. The police after registration of an FIR and conducting a complete investigation will have to submit a report under Section 173 Cr.P.C. in the prescribed format,” the court noted.
After finding there is no merit in the present petition, the plea was dismissed. “The interim orders stand vacated. The FIR be registered forthwith. The investigations be completed and a detailed report under Section 173 Cr.P.C. be submitted before the learned MM within three months,” the court added in the order.
As per the allegations of the complainant woman, a resident of Delhi, Hussain raped her at his Chhatarpur farmhouse on April 12, 2018. She was approaching the court seeking an FIR against him.
The former minister Hussain had denied the allegations of the woman, saying she had a dispute with his brother and he was unnecessarily dragged into the case.
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