The Delhi High Court has set aside a court's order to register an FIR against former Union Minister and BJP leader Shahnawaz Hussain and his brother on a woman's complaint for rape, cheating, criminal conspiracy and other offences.
A single judge bench of Justice Amit Mahajan noted the sessions court had on May 31, 2022 passed the order for lodging the FIR without hearing the petitioners.
"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. It cannot be said that an order directing registration of FIR, while exercising revisional powers, is not to the prejudice of the accused," the court said.
The High Court remanded the matter back to the sessions court for afresh consideration after giving an opportunity of hearing to the petitioners.
On June 25, 2018, a metropolitan magistrate had refused to direct the police to register the FIR on the complaint filed by the woman under Section 156(3) of the Criminal Procedure Code.
"Once an order is passed, some rights accrue either in favour of, or against the parties. Such rights cannot be taken away in a challenge made against the order without there being issuance of any notice or an opportunity of hearing, to the party whose right is now sought to be taken away," the HC said in its order passed on Friday.
The complainant, who ran an NGO, said she came into contact with Hussain's brother Shahbaz Hussain, who established relations with her on multiple times on false promise of marriage in 2017, through he was already married and had two children. She further alleged that Shahnawaz has conspired with his brother and supported him to commit the said offences.