Priya Gour
Published on: 18th August, 2022 at 20:13 IST
An FIR was directed to be filed against BJP MLA Shahnawaz Hussain, accused of rape by the Delhi High Court recently. No investigations took place till the issuance of orders by the trial court.
The Single judge bench was hearing a challenge to the order of a special judge. It had upheld the orders of the Metropolitan Magistrate (MM) directing the registration of an FIR.
Justice Asha Menon said,
“The police had a lot to explain for not having registered an FIR on the receipt of a complaint sent to the Commissioner of Police which clearly disclosed the commission of a cognizable offence of rape.”
The status report filed before the High Court doesn’t explain any reason as to why an FIR was not filed. The police have been hesitant in doing so.
She further said, “The FIR only puts the machinery into operation. It is a foundation for investigation of the offence complained of.”
Reliance was placed on the decision in Lalita Kumari vs. Government of Uttar Pradesh by the metropolitan magistrate. Thereafter, orders were passed for registration of FIR. The same was upheld by the special judge. However, it was challenged further before the High Court by the petitioner.
He argued that approaching the High Court directly is not as per law. Also, a mere complaint to the Police Commissioner, which is undated, is not as per the procedural requirements under Section 154(1) of the Criminal Procedure Code (CrPC).
However, the Court declined the submission. It emphasised that a complaint is permissible to a superior police official in cases where the designated police decline to register it. It was SHO’s duty to register a complaint, especially when the offence alleged was cognizable in nature.
“The law thus gives the complainant the right to approach a superior officer in case of the commission of a cognizable offence.”
Thus, the court said that the orders of the trial court are fair and need no interference.
Henceforth, the bench dismissed the petition and directed that an FIR be registered, and the investigation be completed within three months.
