Delhi: The court questioned the police why it had not registered the FIR despite taking statements.
New Delhi: The Delhi Court on Wednesday ordered an FIR against BJP leader Shahnawaz Hussain in connection with a rape complaint filed against him by a woman in 2018. The leader had challenged a trial court order that directed the police to file the FIR against him.
Justice Asha Menon, hearing Hussain's plea, said there was no perversity in the trial court's 2018 order. She dismissed the interim orders staying the action. The court directed the police to register the FIR and finish the investigation within three months.
"There is no merit in the present petition. The petition is dismissed. The interim orders stand vacated. The FIR be registered forthwith. The investigations are completed and a detailed report under Section 173 Cr.P.C. Be submitted before the learned MM (metropolitan magistrate) within three months," the court said.
The court questioned the police why it had not registered the FIR despite taking statements. It also observed that whether or not there is any merit to the woman's complaint can only be ascertained after the completion of an investigation.
"The FIR only puts the machinery into operation. It is a foundation for the investigation of the offense complained of. It is only after investigations that the police can come to the conclusion whether or not an offense 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," it added.
The Delhi-based woman moved to the lower court in 2018 seeking an FIR against Hussain and alleging rape. On July 7, 2018, the court ordered the registration of the FIR.
Hussain has held the post of the BJP's national spokesperson, He was the minister in the JDU-BJP government. Hussain was the Minister of Textiles and the Minister of Civil Aviation in the Atal Bihari Vajpayee government.
With inputs from PTI
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