New Delhi: Reprimanding Delhi Police for not even filing an FIR over a rape complaint, calling 'complete reluctance' on the part of the police, the Delhi High Court urged them to expedite action against BJP leader Syed Shahnawaz Hussain and submit report in three weeks after completing a probe into the allegations against him.
Justice Asha Menon lashed out at the police for its failure to register an FIR against Hussain over the rape allegation, citing the 2018 lower court order that sought an FIR with immediate effect following the victim's submission before the commissioner of police of the cognisable offence of rape.
"But admittedly, in the present case, till the filing of the complaint before the magistrate on 21st June 2018, the SHO, PS (police station) Mehrauli had done nothing. In fact, the status report filed before this court refers to the said complaint having been received at PS Mehrauli on 20th June, 2018 from the commissioner's office. The police have a lot to explain for not having registered the FIR on the receipt of the forwarded complaint," the court said.
Justice Asha further reminded the police the necessity of filing an FIR, without reaching a conclusion on the merit of the case.
"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," reads the order.
Shahnawaz Hussain in his defence argued the non-mentioning of a reason for the registration of an FIR against him by the Metropolitan Magistrate besides alleging the women's case was completely falsified by the police.
In June 2018, the woman had approached the trial court accusing Hussain of rape. She had alleged that in April he called her to a farmhouse and raped her after lacing her cold drink with a sedative.