NEW DELHI: A Delhi Court has stayed the summons issued against BJP leader Syed Shahnawaz Hussain on a woman’s complaint alleging rape and criminal intimidation after taking cognizance of the offenses against the former union minister.
Special judge M K Nagpal passed the order on a revision petition filed by Hussain against the order of the magisterial court that had directed him to appear before it on October 20. Hussain sought stay of the order as well as the proceedings pending before the ACMM.
Issuing notice to the prosecution and the victim in the matter, the court said, "In view of the submissions being made by Ld. Counsel representing the petitioner, it is also being directed that till then, the operation of impugned order dated 10.10.2023 passed by the Ld. ACMM-03 and further proceedings in the case shall remain stayed."
Hussain claimed in his petition that the metropolitan magistrate took cognisance of the offences "merely on the basis of a statement under section 164 CrPC made by the prosecutrix, though there is sufficient other oral or documentary evidence on record to show that no such incident of intoxication or rape of the prosecutrix actually took place".
Hussain's revision plea will be taken up on November 8. The court also ordered that the trial court record be requisitioned at least two days before the next hearing.
As per the FIR, the woman complainant had alleged offence of rape and criminal intimidation by Hussain, amongst other offences. Later the Delhi police had filed a cancellation report before the court which contended that no case at all was made out on the allegations.
However, the ACMM dismissed the petition, saying "Here is a woman before the Court who is stating before the police and before the court, repeatedly, that she has been raped by being intoxicated;unless IO brings such material on record to establish that there is no possibility that she could have been raped, this court has no reason to throw out her case at the outset."
The court was of the view that the complainant woman had given consistent statements to the police.
"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 order read.
The judge said the allegations needs to be srutinised in order to find whether it is reliable or not.
"Whether the statement of the Complainant is reliable or not can be found out only after the same is put to scrutiny before the Court of Trial," it was noted further.