SC dismisses BJP leader's plea against Delhi HC order for FIR over alleged rape

The Supreme Court on Monday dismissed a plea by BJP leader and former union minister Syed Shahnawaz Hussain challenging the Delhi High Court order for registration of an FIR against him on a womans complaint alleging rapeLets there be a fair investigation and if there is nothing it will exonerate you a bench of Justices S Ravindra Bhat and Dipankar Datta told the counsel appearing for HussainSenior advocates Mukul Rohatgi and Siddharth Luthra appearing for Hussain told the bench that complaints after complaints were filed by the complainant woman against the politicianThere are complaints after complaints which were investigated by the police and nothing was found It cannot go on and on Rohatgi argued adding there was a series of consistent attacks against HussainHowever the bench observed We find no reason to interfereAlso Read SC seeks response of Centre on pleas seeking criminalisation of marital rapeThe high court had on August 17 last year dismissed Hussains plea challenging a trial court order directing the Delhi Police to register an FIR against him saying there was no perversity in the 2018 orderThe top court had on August 22 2022 stayed the operation of the high court orderDuring the earlier hearing in the matter before the apex court Hussains counsel had argued that the complaint was bogus and maliciousIn 2018 a Delhibased woman had approached a lower court seeking registration of an FIR against Hussain for alleged rape which the BJP leader has deniedA magisterial court had on July 7 2018 ordered registration of an FIR against Hussain saying a cognisable offence was made out in the complaintThis was challenged by the BJP leader before a sessions court which had dismissed his pleaIn its order on Hussains appeal the high court had said There is no merit in the present petition The petition is dismissed The interim orders for stay on action against Husssain stand vacated The FIR be registered forthwith The investigations will be completed and a detailed report under Section 173 CrPC be submitted before the learned MM metropolitan magistrate within three monthsThe high court had also noted that while reference was made in the polices status report to the recording of the statement of the prosecutrix on four occasions there was no explanation as to why the FIR was not lodgedThe FIR only puts the machinery into operation It is a foundation for the investigation of the offence complained of It is only after investigations that the police can come to the conclusion whether or not an offence had been committed and if so by whom In the present case there seems to be a complete reluctance on the part of the police to even register an FIR the high court had saidThis 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