Supreme Court stays Delhi High Court order for registration of FIR against Shahnawaz Hussain in 2018 rape case

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Shanawaz Hussain challenged the order of Delhi High Court ordering the registration of FIR against him in a 2018 rape case. Before the High Court, he had challenged a trial court order directing registration of an FIR against him, claiming that the metropolitan magistrate had not disclosed the reasons for it.

A Supreme Court bench of Justices Lalit, SR Bhat and Sudahshu Dhulia today stayed the order of the Delhi High Court directing registration of FIR against BJP leader Syed Shahnawaz Hussain in a 2018 rape case. 

The court also stayed further proceedings before the trial court in this regard. Upon the complainant's counsel alleging threat, Court granted her liberty to approach the local police station seeking protection. 

The apex court was hearing a petition filed by Hussain challenging the order of the Delhi High Court directing the registration of FIR in a 2018 rape case.

Before the Delhi High Court, Shahnawaz had challenged the trial court’s judgment dated July 12, 2018, wherein the Special Judge had dismissed the revision petition filed against the orders of the Metropolitan Magistrate directing registration of FIR against Hussain.

While dismissing the petition, Justice Asha Menon of the Delhi High Court had ordered the investigation to be completed and a detailed report to be submitted before the Metropolitan Magistrate (MM) as per Section 173 of CrPC within three months.

Hussain's counsel, thereafter, mentioned the matter before the Supreme Court on Thursday and the court directed to list the same in the coming week.

A complaint was filed on June 21, 2018, against Hussain alleging commission of offences under Sections 376, 328, 120B, 506 of the Indian Penal Code (IPC), along with it, the complainant also filed an application under Section 156(3) CrPC seeking directions to the Police for registration of an FIR.

On July 4, 2018, an Action Taken Report (ATR) was filed by the police concluding that the allegations raised by the complainant were not substantiated by the investigation. Hussain’s contention is that despite receiving the ATR, the Magistrate directed the registration of an FIR on July 7, 2018.

The Top Court was told that if the FIR is registered, the unblemished career of Hussain will be irretrievably damaged. It was further argued that the complainant, on the previous occasion, had tried to fraudulently, malafidely and falsely implicate Hussain.

Case Title: Syed Shahnawaz Hussain vs. The State & Anr.