New Delhi: The Delhi high court has dismissed a petition by Bharatiya Janata Party leader Shahnawaz Hussain challenging a trial court order directing the city police to register an FIR against him on a woman’s complaint alleging rape. The court has castigated police for its “complete reluctance” in doing so.
Justice Asha Menon said there was no perversity in the 2018 trial order directing the registration of the FIR and vacated the interim orders of the court staying its operation.
“There is no merit in the present petition. The petition is dismissed. The interim orders stand vacated. The FIR be registered forthwith. The investigations be completed and a detailed report under Section 173 CrPC be submitted before the learned MM (metropolitan magistrate) within three months,” said the court in its order on Wednesday, August 17.
In its order, the high court said that while reference is made in the police 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 lodged.
“The FIR only puts the machinery into operation. It is a foundation for 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,” said the court.
In 2018, a Delhi-based woman had moved the lower court seeking registration of an FIR against Hussain on her allegation of rape.
Indian Express has quoted Justice Menon as having noted that the “police have a lot to explain” for not registering the FIR.
“But admittedly, in the present case, till the filing of the complaint before the magistrate on 21st June 2018, the SHO, PS (police station) Mehrauli had done nothing. In fact, the status report filed before this court refers to the said complaint having been received at PS Mehrauli on 20th June, 2018 from the commissioner’s office. The police have a lot to explain for not having registered the FIR on the receipt of the forwarded complaint,” said the court.
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