BJP leader Shahnawaz Hussain.
Credit: PTI File Photo
A Delhi court Wednesday summoned BJP leader Syed Shahnawaz Hussain on a woman's complaint alleging rape and criminal intimidation.
The court took cognisance of the alleged offence and directed the former union minister to appear before it on October 20.
“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 Magistrate in her statement under section 164 Cr.PC,” the judge said.
The complainant had alleged she was administered an intoxicant by Hussain who then raped her at a farmhouse in the national capital in April 2018.
The police had filed a report before the court seeking cancellation of the FIR.
In an order passed on October 10, the judge dismissed the police report, saying “The issues raised by the IO (investigating officer) while filing the cancellation report…are matters which can be decided during trial.” “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 said.
The judge took cognisance of alleged offences which are punishable under various provisions of the IPC including sections 376 (rape) and 506 (criminal intimidation).
“Accordingly, Accused Syed Shahnawaz Hussain be summoned through SHO PS Concerned for next date of hearing,” the judge said.
The Supreme Court had in January dismissed Hussain’s plea challenging an order of the Delhi High Court for lodging the First Information Report (FIR) and launching an investigation.
The Supreme Court refused to interfere with the high court order and said all remedies available under the law were open for Hussain.
The high court had on August 17 last year dismissed Hussain's plea challenging a trial court order directing the Delhi Police to register an FIR against him, saying there was no perversity in the 2018 order.
In 2018, a Delhi-based woman had approached a lower court seeking registration of an FIR against Hussain for alleged rape, a charge the BJP leader denied.
A magisterial court had on July 7, 2018 ordered registration of an FIR against Hussain, saying a cognisable offence was made out in the complaint.
The order was challenged by the BJP leader before a sessions court which had dismissed his plea.