In 2018, a woman from Delhi filed a petition in the lower court to seek FIR registration against Shanawaz Hussain on her allegation of rape. A district court ordered the registration of her FIR against the BJP leader on July 7, 2018.
The Delhi High Court has dismissed a petition by BJP leader Shahnawaz Hussain to challenge a court that ordered the Delhi police to initiate FIR or police proceedings on a complaint of a woman suspected of rape against him.
Judge Asha Menon said there was no perversion in her 2018 court order that reversed the injunction directing the registration of the FIR and maintaining its operations.
The current petition has no basis. The petition will be denied. FIRs are registered immediately. An investigation will be completed and a detailed report will be prepared in accordance with Section 173 Cr.P.C. In order, the court gave prosecutors four occasions as to why the FIR was not filed.
The FIR simply sets the machine in motion. It forms the basis for an investigation into a suspected crime. Only after the investigation can the police determine whether a crime has been committed and, if so, by whom.
A Delhi-based woman had moved to a lower court seeking FIR registration against Shahnawaz Hussain. The district court ordered the FIR registration against the BJP leader on July 7, 2018, finding that a cognizable offence was made out in the complaint of the woman.
This was challenged by a BJP leader before a session court which dismissed his plea.