HC sets aside order of FIR against BJP leader Shahnawaz Hussain, brother in rape case [Read Order]

NEW DELHI: In a reprieve to BJP leader Shahnawaz Hussain, the Delhi High Court has set aside a court's order to register an FIR against him and his brother on a complaint by a woman for offences of rape, cheating and criminal conspiracy among others.

A single judge bench of Justice Amit Mahajan found that the sessions court on May 31, 2022 passed the order for lodging the FIR without issuing notice or hearing the petitioners.

A court of metropolitan magistrate had on June 25, 2018 refused to direct the police to register the FIR on a complaint filed by the woman under Section 156(3) of the Criminal Procedure Code.

"Once an order is passed, some rights accrue either in favour of, or against the parties. Such rights cannot be taken away in a challenge made against the order without there being issuance of any notice or an opportunity of hearing, to the party whose right is now sought to be taken away," the court said.

"While exercising powers of a revisional court, no order to the prejudice of an accused or any other person can be made by a court unless the said accused or the said person has been given an opportunity of being heard. It cannot be said that an order directing registration of FIR, while exercising revisional powers, is not to the prejudice of the accused," the court added.

The High Court restored the criminal revision by remanding the matter back to the concerned court for a decision afresh after giving an opportunity of hearing to the petitioners.

The woman-complainant here alleged Hussain's brother Shahbaz Hussain had repeatedly established relationships with her on false promise of marriage in 2017. She also claimed she was pressurised to eat beef and change her religion and embrace Islam. She also alleged that Shahnawaz has conspired with his brother and supported him to commit the said offences. Besides, she also claimed she was induced and cheated for a sum of Rs 5 lakh.

Earlier in January, this year, the Supreme Court had rejected the plea by the former union minister against the Delhi High Court order for registration of the FIR against him.

In August, 2022, a single bench of the high court had directed registration of the FIR, completion of the investigation within three months, and filing of a detailed report under Section 173 Code of Criminal Procedure as the complaint disclosed cognisable offences.

[Read Order]