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 that could be decided during a trial.