An order by the trial court has been set aside by the Delhi High Court in matter pertaining to registration of FIR against BJP leader Shahnawaz Hussain and his brother Shahbaz Hussain in the alleged rape case.
The trial court had given instructions to the Delhi Police for registering FIR against Hussain and his brother under Sections 420, 376, 295A, 493, 496, 506, 509, 511 and 120B of the Indian Penal Code.
A woman running an NGO had filed complaint against Hussain and his brother. It was alleged that the brother of Hussain had promised to marry her and raped her.
The lady later was told that Shahbaz was already married with two children. The complainant had alleged that she approached Shahnawaz Hussain who asked her not to raise hue and cry over the incident.
The Court took into consideration the argument that no notice was issued by the Additional Sessions Judge (ASJ) to the accused and had an opportunity of hearing been granted, they would have placed the law and facts in the correct perspective.
The single-judge reasoned 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,”
In view of this, the case was remanded to the Sessions Court for fresh consideration after giving the petitioners an opportunity to be heard.
The issue arose before the High Court when the ASJ, in a revision petition, set aside an order of the Metropolitan Magistrate refusing to direct the police to register an FIR.
Justice Amit Mahajan set aside the order noting that Shahbaz and Shahnawaz Hussain were not heard by the Additional Sessions while ruling on the revision petition directing registration of FIR.
The court has remanded the matter back to the trial court which will decide the case afresh after giving an opportunity of hearing to the petitioners (Hussain brothers).
“In view of the law as discussed above, the impugned judgment dated 31.05.2022 is set aside. The Criminal Revision is restored and is remanded back to the concerned Court for a decision afresh after giving an opportunity of hearing to the petitioners.