Delhi HC sets aside order for FIR against BJP leader Shahnawaz Hussain, brother

The Delhi High Court has set aside a trial court order for registration of an FIR against BJP leader Shahnawaz Hussain and his brother over several alleged offences including rape and directed that the matter be considered afresh by the lower courtJustice Amit Mahajan said the trial court should have given the suspects an opportunity to present their case before rejecting a magisterial courts order refusing to direct registration of an FIRThe impugned judgment dated 31052022 is set aside The Criminal Revision No 2542018 is restored and is remanded back to the concerned Court for a decision afresh after giving an opportunity of hearing to the petitioners said the high court in a recent order on a plea by the two brothersIn the present case the complainant who claimed to be running an NGO alleged she was raped by Shahbaz Hussain and later Shahnawaz Hussain asked her not highlight the matterThe complainant claimed that although Shahbaz Hussain promised to marry her she subsequently found he was already marriedIt was also alleged that the complainant was pressurised to eat beef and change her religion and embrace Islam and that nikah was performed between the parties after which Shahbaz Hussain pronounced talaq talaq talaq and ran away from the spotShe claimed BJP leader Shahnawaz Hussain a former union minister allegedly conspired with Shahbaz and supported his brother in commission of the offencesThe magisterial court had refused to order registration of an FIR on the basis of the womans complaint saying it did not disclose commission of a cognizable offenceHowever the trial court in a revision plea ordered the SHO of Mandir Marg police station to register an FIR under Sections 420 Cheating and dishonestly inducing delivery of property 376 Punishment for rape 295A Deliberate and malicious acts intended to outrage religious feelings of any class by insulting its religion or religious beliefs 493 Cohabitation caused by a man deceitfully inducing a belief of lawful marriage and 496 Marriage ceremony fraudulently gone through without lawful marriage of the Indian Penal CodeAlso Read No farmer became helpless or committed suicide in UP in past 6 years CM YogiIt also directed slapping Sections 506 Punishment for criminal intimidation 509 Word gesture or act intended to insult the modesty of a woman 511 attempt to commit an offence and 120B conspiracy of the IPCBefore the high court the counsel for the petitioners argued that the allegations did not disclose commission of any cognizable offence and no notice was issued to them by the trial court while hearing a challenge to the magisterial court orderIt was said that if an order of the magistrate rejecting the application under Section 1563 of the Criminal Procedure Code is assailed by way of a revision petition the trial court should not upset the order without giving an opportunity to the party in whose favour the order under revision was passedThe high court said some rights accrue either in favour of or against the parties once the magisterial court passes an order on a plea seeking registration of an FIR and such rights cannot be taken away in a challenge without there being issuance of any notice or an opportunity of hearing to the party whose right is sought to be taken awayThis story has been sourced from a third party syndicated feed agencies Midday accepts no responsibility or liability for its dependability trustworthiness reliability and data of the text Midday managementmiddaycom reserves the sole right to alter delete or remove without notice the content in its absolute discretion for any reason whatsoever