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 court.
Justice Amit Mahajan said the trial court should have given the suspects an opportunity to present their case before rejecting a magisterial court’s order refusing to direct registration of an FIR.
In 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 matter.
“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,” said the high court in an order on a plea by the two brothers.
The complainant claimed that although Shahbaz Hussain promised to marry her, she subsequently found he was already married.
Before 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 order.