The Delhi High Court has set aside the Trial Court’s Order directing registration of FIR against BJP Leader Shahnawaz Hussain and his brother over several charges including rape.

The Court has remanded the matter back to the Trial Court for a decision afresh after giving an opportunity of hearing to the accused persons.

Justice Amit Mahajan observed that “…it is clear that 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.”

The Court added that it cannot be said that an order directing registration of FIR, while exercising revisional powers, is not to the prejudice of the accused.

In this case the Additional Sessions Judge had directed police to register an FIR under Sections 420, 376, 295A, 493, 496, 506, 509, 511 and 120B of the Indian Penal Code.

The complainant had alleged that she was raped by Shahbaz Hussain brother of Shehnawaaz Hussain. The complainant claimed that Shahbaz Hussain had promised to marry her but she found out that he was already married. It has further been alleged that the complainant was being pressurised to eat beef and change her religion and embrace Islam. She further alleged that Shehnawaaz Hussain conspired with his brother and supported him in commission of the offences.

Advocate Subodh Pathak appeared for the petitioner whereas APP Priyanka Dalal appeared for the State.

The Court held that “…the impugned judgment dated 31.05.2022 is set aside. The Criminal Revision No. 254/2018 is restored and is remanded back to the concerned Court for a decision afresh after giving an opportunity of hearing to the petitioners.”

Cause Title- Syed Shahbaz Hussain & Anr. v. Govt. of NCT of Delhi & Anr.

Click here to read/download Judgment