New Delhi: The Supreme Court of India stays further proceedings about the criminal complaint brought against BJP leader Shahnawaz Hussain in the alleged rape case in 2018 before the trial case. The recent Delhi High Court order to file an FIR against Hussain in the matter is also stayed by the SC. Shahnawaz Hussain, a leader in the BJP, had earlier asked the Delhi High Court to dismiss his appeal contesting a trial court judgement ordering the city police to file an FIR against the woman, in response to a woman's rape accusation.
Supreme Court stays further proceedings before the trial case in connection with the criminal complaint filed against BJP leader Shahnawaz Hussain in the alleged 2018 rape case. SC also stays the Delhi HC's recent order to register FIR against Hussain in the case.
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The Delhi High Court has granted the police three months to conclude their probe after directing them to file an FIR in a 2018 rape case against BJP leader Shahnawaz Hussain.
Justice Asha Menon overturned the court's interim orders that had been keeping the 2018 trial ruling directing the registration of the FIR because she found no perversity in it. “There is no merit in the present petition. The petition is dismissed. The interim orders stand vacated. The FIR be registered forthwith. The investigations will be completed and a detailed report under Section 173 Cr.P.C. Be submitted before the learned MM (metropolitan magistrate) within three months,” quoted the court in its Wednesday's order.
A Delhi-based woman had petitioned the lower court in 2018 to have an FIR against Hussain based on her rape claim. On July 7, 2018, a magistrate's court-mandated the filing of an FIR against Hussain, ruling that the woman's accusation established a cognizable offence.
The BJP politician argued against this before a sessions court, which rejected his argument.
The high court issued an interim order on July 13, 2018, delaying the trial court's directive for the Delhi Police to file the FIR. After giving notice of the politician's request, it requested a response from the woman and the police.
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Hussain contested the trial court's decision because it required the filing of an FIR notwithstanding the police's assertion that its investigation had found no evidence to support the complainant's claims.
The prosecution claimed that the FIR had to be filed because of the Supreme Court's directives in the Lalita Kumari case and that the order supporting its filing was not flawed.
