Delhi HC quashes trial court order to file FIR against Shahnawaz Hussain, brother

New Delhi, March 6 The Delhi High Court has set aside a session court's order to register an FIR against Bharatiya Janata Party (BJP) leader Shahnawaz Hussain and his brother Shahbaz Hussain in an alleged rape case.

Justice Amit Mahajan remanded back to the session's court for a fresh decision after giving an opportunity of hearing to the petitioners.

The bench noted that Hussain and his brother were not heard by the Patiala House Court while directing the registration of FIR under Sections 420, 376, 295A, 493, 496, 506, 509, 511 and 120B of the Indian Penal Code.

The Court noted that an earlier Metropolitan Magistrate by June 25, 2018 order, in an application filed by the woman under Section 156(3) of Code Of Criminal Procedure (CrPC), had refused to direct the police to register an FIR.

Later the Sessions Judge by the impugned order on May 31, 2022, while setting aside the said order directed the SHO Mandir Marg to register an FIR.

The complainant had alleged that while she was running an NGO, she encountered Shahbaz, who introduced himself as the brother of Shehnawaaz Hussain, a member of Parliament and after being highly impressed by the former, she developed intimacy with him.

He promised her that he would marry her and allegedly raped her, the complainant said.

She did not highlight the matter at first as she was concerned about her dignity and reputation, but was shocked on knowing that Shahbaz was already married and was a father of two children.

She then visited his brother's residence seeking support and justice from him, and narrated the entire story to him.

The complaint stated that Shahnawaz had asked her not to highlight the matter and raise a hue and cry as it would be detrimental to both parties.

She has alleged that Shahbaz married her in the presence of a Maulavi and some other persons, and that she was forced to sign a certificate of marriage post which she was abandoned by them.

It later turned out that the Maulavi and the certificate was fake

She has alleged that she had received calls threatening her using foul language.