Complainant Had Marital Disputes With Brother, Allegations Of Rape By Z+ Security Protectee Baseless- Shahnawaz Hussain Before SC
The Supreme Court yesterday agreed to hear the plea by BJP leader Syed Shahnawaz Hussain challenging the order of the Delhi High Court directing registration of FIR in the matter of allegation of rape against him and that investigation be completed and a detailed report be filed.
Hussian has alleged in his appeal that the complainant had earlier tried to falsely implicate him in the marital disputes with his brother Shahbaz Hussain, but failed to get an FIR registered.
"The Hon'ble High Court failed to appreciate that the Petitioner is a 'Z Plus Security Protectee' and that the allegations of rape made by the Respondent No. 2 were found to be totally baseless and untrue inasmuch as Respondent No. 2 (Prosecutrix) had been changing her Statement and version from time to time and that the location of the Petitioner and Respondent No. 2 never matched and that the Police Authorities recorded the statements of all the Police Witnesses, who were providing security to the Petitioner and from their statements, it was clearly and categorically evident that the allegations were totally false", the Petition says.
He has also contended that the High Court's direction to register the FIR was without considering the reply filed by Police Authorities, which he claims exonerates him.
Shahnawaz Hussain also claims in the Petition that he had filed 3 complaints against the Prosecutrix alleging that she is likely to falsely implicate him, much before she filed the complaint of rape.
The matter was mentioned for urgent listing before the Bench of Chief Justice N. V. Ramana, Justice Hima Kohli and Justice C. T. Ravikumar when the Court agreed to hear the matter and list it next week.
The petition says "the Respondent No. 2 filed a false, frivolous malafide and malicious complaint against the Petitioner to wreck vengeance against the petitioner in as much as even prior to filing the present complaint, she had been attempting to defame the Petitioner on facebook and had also earlier filed a false & frivolous complaint against the Petitioner and his brother."
The Delhi High Court had dismissed the petition filed by the BJP leader challenging the order of the Special Judge who had dismissed a revision petition filed against the order of the Metropolitan Magistrate directing registration of FIR in the matter.
A complaint was filed against him in 2018 alleging the commission of offences under Section 376 (Rape), 120B (Criminal Conspiracy) and 506 (Criminal Intimidation) of the Indian Penal Code.
The Delhi High Court while dismissing the appeal had observed that, "no perversity in the orders of the learned MM directing the registration of the FIR. There is also no error in the judgment of the learned Special Judge holding that the inquiry report being preliminary in nature cannot be considered as a cancellation report. The police after registration of an FIR and conducting a complete investigation will have to submit a report under Section 173 Cr.P.C. in the prescribed format. The learned MM would, no doubt, proceed in accordance with law to determine whether to accept the final report to either proceed with the case by taking cognizance or by holding that no case was disclosed and cancel the F.I.R after granting a hearing to the complainant in accordance with law."