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SC dismisses BJP chief Shahnawaz Hussain’s plea in opposition to HC order over alleged rape

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NEW DELHI: Paving the best way for registration of an FIR in opposition to BJP chief Syed Shahnawaz Hussain on a girl’s grievance alleging rape, the Supreme Courtroom on Monday dismissed his plea difficult an order of the Delhi Excessive Courtroom for lodging a First Data Report and launching an investigation.

The apex court docket, which noticed it won’t intrude with the excessive court docket order, mentioned all cures out there underneath the regulation are open for Hussain, a former Union minister.

“Let there be a good investigation and, if there’s nothing, it’s going to exonerate you (Hussain),” a bench of Justices S Ravindra Bhat and Dipankar Datta advised the counsel showing for Hussain.

Senior advocates Mukul Rohatgi and Siddharth Luthra, representing Hussain, advised the bench that grievance after grievance was filed by the girl in opposition to the politician.

“There are complaints after complaints which had been investigated by the police and nothing was discovered. It can’t go on and on,” Rohatgi argued, including there was a “collection of constant assaults” in opposition to Hussain.

Nevertheless, the bench noticed, “We discover no motive to intrude.”

In the course of the listening to, the highest court docket noticed that until date the assertion of the complainant underneath part 164 of the Code of Legal Process (CrPC), which offers with recording of confessions and statements earlier than a Justice of the Peace, has not been recorded.

Luthra argued the complainant had alleged that she was in a relationship with Hussain’s brother.

“She could have all of the grievances in opposition to my brother…. however I (Hussain) can’t be put to such trauma,” he mentioned.

“Let it’s investigated,” the bench noticed, including the orders of the trial court docket in addition to the excessive court docket within the matter had been in opposition to Hussain.

When Luthra mentioned as soon as an FIR is lodged, there could also be penalties, the bench noticed, “What penalties? You aren’t being held responsible. We’re making use of the regulation as we see. In a easy case, the sufferer has to run by way of all these loops.”

When reference was made to the trial court docket report, the apex court docket mentioned, “We’ve come to the stage of trial court docket report even earlier than an FIR is registered. This speaks quantity about this case.”

Rohatgi referred to the sequence of occasions and mentioned quite a lot of complaints have been filed by the girl in opposition to Hussain in a number of courts, together with one in Patna. Hussain’s counsel mentioned the complainant had approached the court docket whenever with a number of complaints.

The bench requested whether or not the police had knowledgeable the complainant that there was no adequate floor to proceed and lodge an FIR within the matter.

“You could be a sufferer, she will not be a sufferer however there’s a chance of reverse additionally,” the bench noticed.

“Sorry, dismissed,” dominated the bench, dismissing Hussain’s petition.

Hussain’s counsel requested the bench to make clear that its order won’t are available in the best way of difficult the FIR when it’s lodged.

“We won’t say something. Take a look at the variety of hearings we’ve taken,” the bench mentioned, including all cures in regulation can be found to the petitioner.

In the course of the listening to, the counsel for the complainant alleged the arguments superior by Hussain’s counsel weren’t appropriate.

The excessive court docket had on August 17 final 12 months dismissed Hussain’s plea difficult a trial court docket order directing the Delhi Police to register an FIR in opposition to him, saying there was no perversity within the 2018 order.

The highest court docket had on August 22, 2022 stayed the operation of the excessive court docket order.

Throughout an earlier listening to earlier than the apex court docket, Hussain’s counsel had dubbed the grievance “bogus” and “malicious”.

In 2018, a Delhi-based girl had approached a decrease court docket in search of registration of an FIR in opposition to Hussain for alleged rape, which the BJP chief has denied.

A magisterial court docket had on July 7, 2018 ordered registration of an FIR in opposition to Hussain, saying a cognisable offence was made out within the grievance.

This was challenged by the BJP chief earlier than a periods court docket which had dismissed his plea.

In its order on Hussain’s enchantment, the excessive court docket had mentioned, “There isn’t a benefit within the current petition. The petition is dismissed. The interim orders (for keep on motion in opposition to Husssain) stand vacated. The FIR be registered forthwith. The investigations will probably be accomplished and an in depth report underneath Part 173 CrPC be submitted earlier than the realized MM (metropolitan Justice of the Peace) inside three months.”

The excessive court docket had additionally famous that whereas reference was made within the police’s standing report back to the recording of the assertion of the prosecutrix on 4 events, there was no rationalization as to why the FIR was not lodged.

“The FIR solely places the equipment into operation. It’s a basis for the investigation of the offence complained of. It is just after investigations that the police can come to the conclusion whether or not or not an offence had been dedicated and if that’s the case by whom. Within the current case, there appears to be a whole reluctance on the a part of the police to even register an FIR,” the excessive court docket had mentioned.

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