Rape case: Delhi HC stays trial court order for FIR against Shahnawaz

Senior advocate Sidharth Luthra, appearing for Hussain, argued that the order for lodging an FIR against the BJP leader must be quashed as it was a case of complete absurdity.

Written by Pritam Pal Singh | New Delhi | Published: July 14, 2018 4:28:01 am
BJP leader Shahnawaz Hussain. (File) 

The Delhi High Court on Friday stayed the trial court order to lodge an FIR against BJP leader Shahnawaz Hussain in connection with an allegation of rape against him. Justice A K Pathak, who stayed the trial court’s July 12 order, was initially not inclined to stay the proceedings and observed that the matter needs to be probed as it is under Section 376 (rape) of the IPC. “FIR will have to be registered and probe has to be done. If nothing is found, then a closure report (may be filed),” the court observed orally. Senior advocate Sidharth Luthra, appearing for Hussain, argued that the order for lodging an FIR against the BJP leader must be quashed as it was a case of complete absurdity.

He contended that there was a dispute between the woman and Hussain’s brother and that the BJP leader got dragged into it. He informed that a closure report has already been filed in the issue related to the leader’s brother.

“The sessions court did not apply its mind while rejecting our appeal against the magisterial court’s July 7 order,” the counsel said.
“Ok I will stay the order. The operation of the trial court’s July 12 order to remain stayed till the next date of hearing i.e. December 6. I will seek response from the other party”.

It issued notice and sought the response of the complainant and the police on Hussain’s plea, challenging the trial court’s order.
The Delhi-based woman had in June moved the trial court, accusing Hussain of rape and seeking registration of an FIR against him. She has alleged in her complaint that the BJP leader had given her a cold drink laced with sedative and raped her when she fell unconscious.

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