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SC stays HC order directing registration of FIR against Shahnawaz Hussain in 2018 rape case

NEW DELHI: The Supreme Courtroom on Monday stayed the Delhi Excessive Courtroom order directing registration of FIR in opposition to BJP chief Syed Shahnawaz Hussain in an alleged 2018 rape case.

A bench headed by Justice UU Lalit mentioned Hussain prima facie makes out a case in opposition to excessive courtroom order. “In further consideration there shall be a stay on further proceedings in connection with the criminal complaint dated 2018 before Saket courts, New Delhi…stay of further proceedings and also the effect and operation of the high court order under challenge,” mentioned the highest courtroom.

The bench famous that it has been said that after the excessive courtroom order the unique complainant was assaulted and allowed the complainant to strategy the closest police station if she seeks safety. The highest courtroom issued discover returnable within the third week of September.

Senior advocates Siddharth Luthra and Mukul Rohatgi appeared for Hussain within the apex courtroom.

In his plea within the apex courtroom, Hussain contended that the excessive courtroom failed to understand that he was illegally implicated within the case, as the girl, who was having a matrimonial dispute along with his brother, had an ulterior motive. “The petitioner is a Z plus security protectee and the agency by the complainant were found to be totally baseless and untrue as she kept changing her statements and the location of the petitioner and that of her never matched as per CDRs and CCTV footages,” mentioned the plea.

Hussain claimed that he filed a grievance with Delhi Police in 2017, stating that he was residing individually from his brother Shahbaz Khan, who was resident of Noida and a lady by her Fb account was repeatedly defaming him.

Final week, a single bench of Justice Asha Menon directed registration of an FIR, completion of the investigation inside three months, and submitting of an in depth report below Section 173 Code of Felony Process.

The excessive courtroom mentioned: “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 learned Special Judge, conducted only what is a preliminary inquiry.”

In June 2018, a Delhi-based lady filed a grievance in opposition to Hussain, alleging fee of offenses below Sections 376 (Rape), 120-B (Felony Conspiracy) and 506 (Felony Intimidation) of the Indian Penal Code (IPC). The girl alleged that the BJP chief raped her and in addition threatened to kill her. She filed an software searching for instructions to the Delhi Police for the registration of FIR.

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