HC orders FIR against BJP leader Shahnawaz Hussain in rape case, says reluctance on part of police to do so

The Delhi High Court has ordered that an FIR be registered forthwith against BJP leader Shahnawaz Hussain on a womans complaint in 2018 alleging rapeWhile noting that there was a complete reluctance on the part of the police to even register an FIR Justice Asha Menon said there was no perversity in the 2018 trial order directing the registration of the FIR and vacated the interim orders of the court staying its operationThere is no merit in the present petition The petition is dismissed The interim orders stand vacated The FIR be registered forthwith The investigations be completed and a detailed report under Section 173 CrPC be submitted before the learned MM metropolitan magistrate within three months said the court in its order on WednesdayA Delhibased woman had moved the lower court seeking registration of an FIR against Hussain on her allegation of rapeIn its order the high court said that while reference is made in the police status report to the recording of the statement of the prosecutrix on four occasions there was no explanation as to why the FIR was not lodgedThe 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 In the present case there seems to be a complete reluctance on the part of the police to even register an FIR said the courtA magisterial court had on July 7 2018 ordered registration of an FIR against Hussain saying a cognizable offence was made out in the complaint of the womanThis was challenged by the BJP leader before a sessions court which dismissed his pleaOn July 13 2018 the high court had passed an interim order staying the trial court order which directed the Delhi Police to register the FIRIt had then issued notice on the politicians plea and sought the response of the woman and the policeHussain challenged the trial court order on grounds that in spite of the police stand that its inquiry revealed that the allegations raised by the complainant were not found to be substantiated the lower court directed the registration of an FIRThe prosecution said that in the light of the directions issued by the Supreme Court in Lalita Kumari case the FIR had to be registered and there was no infirmity in the order favouring its registrationThis story has been sourced from a third party syndicated feed agencies Midday accepts no responsibility or liability for its dependability trustworthiness reliability and data of the text Midday managementmiddaycom reserves the sole right to alter delete or remove without notice the content in its absolute discretion for any reason whatsoever