A special court has stayed the summons issued against BJP leader Syed Shahnawaz Hussain by a magisterial court here on a woman's complaint alleging rape and criminal intimidation. 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. In the order passed on October 17, the judge also issued a notice to the complainant on the petition and sought her response by November 8."In view of the submissions being made by counsel representing the petitioner, it is also being directed that till then, the operation of the impugned order and further proceedings in the case shall remain stayed," the judge said.
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". Earlier, the magisterial court took cognisance of the alleged offence and directed the former Union minister to appear before it on October 20.The complainant had alleged that 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 investigating officer while filing the cancellation report were matters which could be decided during a trial.
The judge took cognisance of the alleged offences which are punishable under various provisions of the IPC, including sections 376 (rape) and 506 (criminal intimidation).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 to 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, the Delhi-based woman had approached a lower court, seeking the registration of an FIR against Hussain for alleged rape, a charge the BJP leader denied. A magisterial court had on July 7, 2018, ordered the 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.