A magisterial court had on July 7, 2018, ordered the registration of an FIR against the BJP leader Shahnawaz Hussain.
Mumbai: Shahnawaz Hussain, a leader of the BJP, filed a petition in the Delhi High Court contesting a trial court judgement instructing the Delhi Police to file a FIR or police case against him in response to a woman’s complaint alleging rape. The motion was dismissed.
The interim orders stopping the FIR’s operation were revoked by Justice Asha Menon because she found no perversity in the trial order from 2018 that directed the registration of the FIR.
“There 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 Cr.P.C. be submitted before the learned MM (metropolitan magistrate) within three months,” said the court in its order on Wednesday.
Although the police status report mentions that the prosecutrix’s statement was recorded four times, the high court ruled that there was no justification for the FIR’s non-filing notwithstanding this.
“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. In the present case, there seems to be a complete reluctance on the part of the police to even register an FIR,” said the court.
“The machinery is only started up by the FIR. It serves as the starting point for an investigation into the alleged offence. Police cannot determine if an offence was committed and, if so, by whom until they have completed their investigations. There appears to be a complete unwillingness on the part of the police to even file a FIR in the current case,” court stated.
The BJP politician argued against this before a sessions court, which rejected his argument. The Delhi High Court has ordered the police to file an FIR against BJP leader Shahnawaz Hussain in a 2018 rape case and has given a period of three months to complete the investigation.
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