SC stays Delhi HC order for FIR against BJP leader Syed Shahnawaz Hussain in 2018 rape case

The Supreme Court on Monday stayed the Delhi High Court order directing the Delhi police to lodge an FIR against BJP leader Syed Shahnawaz Hussain in an alleged rape case of 2018. A bench of Justices U U Lalit, S Ravindra Bhat and Sudhanshu Dhulia also ordered a stay on the proceedings initiated against Hussain at Saket court here on the woman victims complaint. After hearing senior advocates Mukul Rohatgi and Sidharth Luthra for Hussain, the top court noted that the petitioner prima facie made out a case against the high court’s order. As an advocate S K Singh, appearing for the woman, alleged she was assaulted after the HC’s order and faced real threat to life, the court said her plea for protection should be considered if she approached the nearest police station. The court issued notice to the woman-complainant and put the matter for consideration in the third week of September.A single bench of the high court on August 17 directed for lodging of the FIR, completion of the investigation within three months and filing of a detailed report under Section 173 Code of Criminal Procedure against Hussain. The court had then dismissed the petition filed by the former Union Minister, challenging the order of July 12, 2018, of the Special Judge, who had rejected his revision petition against the orders of the metropolitan magistrate for registration of FIR. He claimed the allegations made by the woman-complainant having a matrimonial dispute with his brother were false and mala fide. Hussain claimed, in fact, in 2017, he had filed a complaint with the Delhi police stating that he was residing separately from his brother Shahbaz Khan, who was a resident of Noida and a woman through her Facebook account was continuously defaming him

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