By Our Special Correspondent
The Bharatiya Janata Party leader Shahnawaz Hussain on Thursday moved Supreme Court (SC) against the Delhi High Court’s recent order to register a First Information Report (FIR) against him in the alleged 2018 rape case.
The matter was mentioned before the bench headed by the Chief Justice of India NV Ramana seeking the urgent listing of the matter.
The lawyer said that the urgent listing is required as any delay in the hearing may damage the reputation of a political leader.
Hussain’s lawyer said, “My client has been in public life for 30 years. He is being unnecessarily maligned. If no urgent hearing is given, police will register FIR and this petition will become in fructuous”.
The Delhi High Court on Wednesday upheld the decision of the trial court in which it ordered to register the FIR against BJP Leader Shahnawaz Hussain in relation to the 2018 rape case.
The Court found no merit in the petition filed by Hussain challenging the trial court order and thus decided to dismiss it. “The FIR is registered forthwith. The investigations are completed and a detailed report under Section 173 CrPC be submitted before the MM within three months,” it said.
The Bench of Justice Asha Menon in an order said, “There is no perversity in the orders of the Metropolitan Magistrate (MM) directing the registration of the FIR. There is also no error in the judgment of the Special Judge holding that the inquiry report being preliminary in nature cannot be considered as a cancellation report.”
Moreover, the witnesses at the farmhouse have also refuted her claim that she and the accused had been to the Farmhouse on April 12, 2018, as alleged by her, Hussain’s lawyer argued. It was submitted that the CDRs of the prosecutrix also disclosed that she had
Remained in Dwarka till 10.45 pm. Thus, her entire case has been falsified by the investigations and, therefore, the MM and the Special Judge had erred in directing the registration of the FIR and these orders were liable to be set aside and the FIR as well as the complaint case and all the proceedings arising there from ought to be quashed, the lawyer added. (ANI)
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