SC to hear Shahnawaz Hussain's plea on October 12 against Delhi HC order in 2018 rape case

New Delhi: The Supreme Court on Friday posted for October 12 a plea of Bharatiya Janata Party leader (BJP) Syed Shahnawaz Hussain challenging the Delhi High Court order which upheld the decision of the trial court to order registration of FIR against him in relation to the alleged 2018 rape case.
A bench headed by Chief Justice of India UU Lalit allowed the lawyer of the complainant to file documents from the trial court. "Counsel appearing on behalf of the original complainant is granted a week's time to place certain copies on record. List matter on October 12, 2022, for hearing," the bench stated in its order.
Earlier, the top court stayed all the proceedings against Hussain in connection with an alleged 2018 rape case.
It had put on hold the further proceedings before the trial court in connection with the case and also Delhi High Court's order to register FIR against Hussain. The apex court also issued notice on BJP leader's plea challenging the High Court order.
On the last date of hearing, senior advocate Mukul Rohatgi appearing for Hussain had told the top court that High Court has proceeded on a presumption that the only method of investigation is post-registration of FIR, which he said is an incorrect application of the law.
He had pointed out that the inquiry report did not find sufficient grounds for even entering into an investigation.
The Delhi High Court had found no merit in the petition filed by Hussain challenging the trial court order and thus decided to dismiss it. "The FIR be registered forthwith. The investigations are completed and a detailed report under Section 173 CrPC be submitted before the MM within three months," it had said.
The High Court had also said that the police after registration of an FIR and conducting a complete investigation would have to submit a report under Section 173 CrPC in the prescribed format.
A woman in 2018 made allegations of rape and sought registration of an FIR against Hussain.
On July 7, 2018, the Metropolitan Magistrate of the Saket court ordered the registration of a rape FIR against the person accused.
The trial court's decision was challenged by Hussain in the Sessions Court, but there too he did not get relief. After this, he approached the High Court.
The High Court had on July 13, 2018, granted an interim stay on order to file the FIR while examining the matter in detail.
In the High Court, it was submitted that the investigation by the police completely falsified the case of the complainant that she and Hussain were together at Chattarpur Farms where she had been drugged and raped by him.
It was submitted that Hussain had not moved from his residence after 9.15 pm and, therefore, could not have been in Chattarpur at 10.30 pm as alleged by the prosecutrix.
Furthermore, the witnesses at the Roshan Tent House, where the prosecutrix claimed to have met Hussain, have neither confirmed this fact nor did the CCTV footage support her claim, Submitted from Hussain's side in the High Court.
Moreover, the witnesses at the farmhouse have also refuted her claim that she and Hussain had been to the Farmhouse on April 12, 2018, as alleged by her, Hussain's lawyer had 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 therefrom ought to be quashed, the lawyer had added. (ANI)