By PTI
NEW DELHI: The Supreme Court Thursday refused to remain the operation of the Delhi High Court order which paved the way in which for the registration of an FIR towards BJP chief Shahnawaz Hussain on a girl’s grievance alleging rape.
The high courtroom, nonetheless, agreed to checklist subsequent week the enchantment of Hussain towards the High Court verdict within the case.
The High Court, on August 17, dismissed Hussain’s plea difficult a trial courtroom order directing the Delhi Police to register an FIR towards him, saying there was no perversity within the 2018 order, and vacated its earlier interim order staying the operation.
“Now if the FIR is registered then my SLP becomes infructuous,” stated the counsel of the BJP chief to the bench headed by Chief Justice N V Ramana.
“I have an unblemished public life of 30 years and that will be tarnished, My Lords,” lawyer Mohit Paul stated and sought an interim keep on the operation of the excessive courtroom’s verdict in addition to in search of early itemizing of the petition for listening to.
“Will list the petition next week,” the bench, which additionally comprised justices Hima Kohli and C T Ravikumar, stated.
It nonetheless refused to grant an interim keep on the operation of the decision.
The excessive courtroom in its order on Wednesday stated “There is no merit in the present petition. The petition is dismissed. The interim orders stand vacated. The FIR be registered forthwith. The investigations will be completed and a detailed report under Section 173 Cr.P.C.be submitted before the learned MM (metropolitan magistrate) within three months.”
The excessive courtroom additionally stated that whereas reference is made within the police standing report back to the recording of the assertion of the prosecutrix on 4 events, there was no clarification as to why the FIR was not lodged.
“The FIR only puts the machinery into operation. It is a foundation for the investigation of the offence complained of. It is only after investigations that the police can come to the conclusion whether or not an offence had been committed and if so by whom. In the present case, there seems to be a complete reluctance on the part of the police to even register an FIR,” stated the excessive courtroom.
In 2018, a Delhi-based girl moved the decrease courtroom in search of the registration of an FIR towards Hussain on her allegation of rape.
A magisterial courtroom had on July 7, 2018, ordered the registration of an FIR towards Hussain, saying a cognizable offence was made out within the grievance of the girl.
This was challenged by the BJP chief earlier than a classes courtroom which dismissed his plea.
NEW DELHI: The Supreme Court Thursday refused to remain the operation of the Delhi High Court order which paved the way in which for the registration of an FIR towards BJP chief Shahnawaz Hussain on a girl’s grievance alleging rape.
The high courtroom, nonetheless, agreed to checklist subsequent week the enchantment of Hussain towards the High Court verdict within the case.
The High Court, on August 17, dismissed Hussain’s plea difficult a trial courtroom order directing the Delhi Police to register an FIR towards him, saying there was no perversity within the 2018 order, and vacated its earlier interim order staying the operation.
“Now if the FIR is registered then my SLP becomes infructuous,” stated the counsel of the BJP chief to the bench headed by Chief Justice N V Ramana.
“I have an unblemished public life of 30 years and that will be tarnished, My Lords,” lawyer Mohit Paul stated and sought an interim keep on the operation of the excessive courtroom’s verdict in addition to in search of early itemizing of the petition for listening to.
“Will list the petition next week,” the bench, which additionally comprised justices Hima Kohli and C T Ravikumar, stated.
It nonetheless refused to grant an interim keep on the operation of the decision.
The excessive courtroom in its order on Wednesday stated “There is no merit in the present petition. The petition is dismissed. The interim orders stand vacated. The FIR be registered forthwith. The investigations will be completed and a detailed report under Section 173 Cr.P.C.be submitted before the learned MM (metropolitan magistrate) within three months.”
The excessive courtroom additionally stated that whereas reference is made within the police standing report back to the recording of the assertion of the prosecutrix on 4 events, there was no clarification as to why the FIR was not lodged.
“The FIR only puts the machinery into operation. It is a foundation for the investigation of the offence complained of. It is only after investigations that the police can come to the conclusion whether or not an offence had been committed and if so by whom. In the present case, there seems to be a complete reluctance on the part of the police to even register an FIR,” stated the excessive courtroom.
In 2018, a Delhi-based girl moved the decrease courtroom in search of the registration of an FIR towards Hussain on her allegation of rape.
A magisterial courtroom had on July 7, 2018, ordered the registration of an FIR towards Hussain, saying a cognizable offence was made out within the grievance of the girl.
This was challenged by the BJP chief earlier than a classes courtroom which dismissed his plea.
