Delhi High Court sets aside order directing registration of FIR against BJP's Shahnawaz Hussain in rape case

The Delhi High Court on Friday set aside a sessions court order directing that a First Information Report (FIR) be registered against Bharatiya Janata Party (BJP) leader Shahnawaz Hussain and his brother in a rape case [Syed Shahbaz Hussain v Govt. of NCT of Delhi]..Justice Amit Mahajan reversed the order which held that police authorities are not required to conduct preliminary inquiry if the complaint discloses the commission of a cognisable offence..The Court took into consideration the argument that no notice was issued by the Additional Sessions Judge (ASJ) to the accused and had an opportunity of hearing been granted, they would have placed the law and facts in the correct perspective. “It is clear that while exercising powers of a revisional court, no order to the prejudice of an accused or any other person can be made by a court unless the said accused or the said person has been given an opportunity of being heard,” the single-judge reasoned. In view of this, the case was remanded to the Sessions Court for fresh consideration after giving the petitioners an opportunity to be heard. .The issue arose before the High Court when the ASJ, in a revision petition, set aside an order of the Metropolitan Magistrate refusing to direct the police to register an FIR. The ASJ had directed an FIR to be registered for the offences of cheating and dishonestly inducing delivery of property, rape, outraging religious feelings, cohabitation caused by a man deceitfully inducing a belief of lawful marriage, marriage ceremony fraudulently gone through, criminal intimidation, insult the modesty of a woman, and criminal conspiracy..The complainant alleged that while running an NGO, she had encountered Shahnawaz Hussain’s brother who raped her on the promise of marriage. However, she claimed that he faked marriage with her and ran away. She also alleged that she was pressurised to eat beef, change her religion and embrace Islam..The Metropolitan Magistrate had called for a status report and on examining it, found that there was no requirement for a police investigation. This order was reversed by the ASJ without issuing notice to Hussain and his brother. .The High Court agreed with the contention that the accused ought to have been heard. “In view of the law as discussed above, the impugned judgment dated 31.05.2022 is set aside. The Criminal Revision No. 254/2018 is restored and is remanded back to the concerned Court for a decision afresh after giving an opportunity of hearing to the petitioners. “.The petitioners were represented by advocates Subodh Pathak and Akash Swami while Additional Public Prosecutor P Priyanka Dalal appeared for the State and advocate Sanjiv Kumar Singh represented the complainant. .[Read Order]