Delhi Court Summons BJP Leader Shahnawaz Hussain, Dismisses Police's Request To Cancel FIR

A Delhi court has issued a summon for BJP leader Syed Shahnawaz Hussain in response to a woman's complaint. The court, recognising the gravity of the alleged offences, directed the former union minister to appear before it on October 20. The judge, after reviewing the cancellation report and related documents, noted that the woman had given consistent statements to the police, court, and magistrate under Section 164 of the CrPC.

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“This court after going through the cancellation report, protest petition filed by the complainant, the reply to the protest petition filed by the IO and other material on record is of the view that the complainant has given consistent statements to the police, to the court in her application and before the Ld. Magistrate in her statement u/s 164 Cr.PC,” the judge said.

Despite the police filing a report seeking FIR cancellation, the judge dismissed it, stating that issues raised by the investigating officer could be addressed during the trial.

“The issues raised by the IO (investigating officer) while filing the cancellation report. [These] are matters which can be decided during trial," said the judge.

“Moreover this court is of the view that the version of the complainant and her trustworthiness can be tested only during trial when she is cross-examined by the accused and so this court on the basis of material placed on record along with the cancellation report especially the statement of the complainant. Wherein she has supported her allegation of rape and threats by accused Syed Shahnawaz Hussain. This court takes cognizance of the offences,” the judge added.

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Highlighting the importance of checking the complainant's credibility during cross-examination, the judge took cognisance of offences punishable under IPC sections 376 (rape) and 506 (criminal intimidation).

The judge underscored the need for a thorough trial to scrutinise the complainant's version and determine whether the accused is guilty or not. The court summoned Syed Shahnawaz Hussain for the next hearing on October 20.

“Accordingly, Accused Syed Shahnawaz Hussain be summoned through SHO PS Concerned for the next date of hearing,” the judge said.