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Supreme Court stays High Court order directing registration of FIR against Shahnawaz Hussain in 2018 rape case

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Shahnawaz-Hussain

 The Supreme Court on Monday stayed the Delhi High Court order directing registration of FIR against BJP leader Syed Shahnawaz Hussain in an alleged 2018 rape case.

A bench headed by Justice U.U. Lalit said Hussain prima facie makes out a case against high court order. “In further consideration there shall be a stay on further proceedings in connection with the criminal complaint dated 2018 before Saket courts, New Delhi…stay of further proceedings and also the effect and operation of the high court order under challenge,” said the top court.

The bench noted that it has been stated that after the high court order the original complainant was assaulted and allowed the complainant to approach the nearest police station if she seeks protection. The top court issued notice returnable in the third week of September.

Senior advocates Siddharth Luthra and Mukul Rohatgi appeared for Hussain in the apex court.

In his plea in the apex court, Hussain contended that the high court failed to appreciate that he was illegally implicated in the case, as the woman, who was having a matrimonial dispute with his brother, had an ulterior motive. “The petitioner is a Z plus security protectee and the allegations by the complainant were found to be totally baseless and untrue as she kept changing her statements and the location of the petitioner and that of her never matched as per CDRs and CCTV footages,” said the plea.

Hussain claimed that he filed a complaint with Delhi Police in 2017, stating that he was residing separately from his brother Shahbaz Khan, who was resident of Noida and a woman through her Facebook account was continuously defaming him.

Last week, a single bench of Justice Asha Menon directed registration of an FIR, completion of the investigation within three months, and filing of a detailed report under Section 173 Code of Criminal Procedure.

The high court said: “In the present case, there seems to be a complete reluctance on the part of the police to even register an FIR. In the absence of the FIR, at best, the police could have, as correctly observed by the learned Special Judge, conducted only what is a preliminary inquiry.”

In June 2018, a Delhi-based woman filed a complaint against Hussain, alleging commission of offences under Sections 376 (Rape), 120-B (Criminal Conspiracy) and 506 (Criminal Intimidation) of the Indian Penal Code (IPC). The woman alleged that the BJP leader raped her and also threatened to kill her. She filed an application seeking directions to the Delhi Police for the registration of FIR.

Crime

16 Bangladeshis, including 7 minors, apprehended in East Delhi

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crime

New Delhi, June 2: In a drive against Bangladeshis illegally living in Delhi, the city police rounded up 16 persons, including seven children, from the Seemapuri area, an official said on Monday.

Deputy Commissioner of Police (Shahdara), Prashant Gautam, said the apprehended Bangladeshi nationals revealed that they had crossed into India approximately 18-19 years ago under the cover of darkness.

“They illegally entered India due to extreme poverty and a lack of livelihood opportunities in their native villages, located 40-50 km from the India-Bangladesh border in West Bengal,” he said.

The DCP said the arrests were made by a joint team of the Foreigner Cell and special staff of Shahdara after receiving a tip-off last month.

Those arrested include four men and five women, he said, adding that after entering India they initially stayed in the Cooch Behar area.

DCP Gautam said that from there, they travelled by train to New Delhi in search of better employment opportunities.

“Eventually, they moved to Haryana and began working in the rural areas, particularly at brick kilns, where they were involved in brickmaking,” he said.

These kilns are located away from main villages and residential areas, which allowed them to live in hiding without attracting attention, he said.

“No government agency had conducted any verification or background checks on them during this time. The brick kiln owners, driven by the motive of engaging low-cost labour, employed them without documentation,” he said.

Over time, they settled in the area, raised families, and continued to live and work without legal status or scrutiny, he said.

DCP Gautam said that on May 30, the Foreigner Cell of the Shahdara District received information regarding the presence of illegal Bangladeshi nationals attempting to enter the Seemapuri area.

“The tip-off indicated that a group of individuals was moving across the Uttar Pradesh-Delhi border near Shaheed Nagar,” he said.

The arrests were made by a joint team of Foreigner Cell and Special Staff comprising SI Shaji John, ASI Gajender, ASI Johar, ASI Nazir, Head Constable Arun, Head Constable Siddharth, Head Constable Yoginder, Head Constable Amit, Head Constable Vijay, Head Constable Anuj, Woman Head Constable Geeta, Woman Head Constable Manju, Woman Head Constable Renu and Constable Aman led by Inspector Munish Kumar I/C Special Staff & Foreigner Cell under the supervision of Gurudev Singh, ACP/Operations.

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Crime

Delhi Police arrests own Head Constable for stealing Rs 50 lakh, gold from anti-terror unit’s warehouse

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New Delhi, June 2: Exposing the criminal mentality of some men in Khaki, the Delhi Police arrested one of its own personnel for stealing Rs 50 lakh and valuables from the anti-terror unit’s warehouse in South Delhi, an official said on Monday.

Head Constable Khurshid, who was shifted out of the Special Cell to the East District a few days ago, was arrested on Saturday for stealing Rs 50 lakh in cash in addition to gold jewellery of an unspecified amount from the Special Cell malkhana (store room) at the Lodhi Road office, the official said.

He was identified and arrested using CCTV footage of Friday night when the theft took place, he said, adding that the stolen items have been recovered.

According to officials, Khurshid relied upon departmental information about the presence of valuables and cash in the malkhana to execute the theft.

Khurshid managed to execute his plan flawlessly and could have got away easily but for an alert malkhana incharge who detected that there was something amiss in the warehouse, the police said.

The arrested Head Constable was earlier posted in the malkhana but was transferred to East Delhi a few days ago, said an official.

“He was aware of the articles kept in the warehouse and also the process to access them,” he said.

He allegedly timed his theft around his transfer so that the suspicion of the absence of the valuables and cash would fall on his other colleagues in the Special Cell’s malkhana.

The Special Cell is a specialised unit of the Delhi Police tasked to prevent, detect and investigate cases of terrorism, organised crime and other serious crimes in Delhi.

While penal offences committed by policemen are probed by the law enforcers themselves, allegations of misconduct with public are investigated by the Delhi government’s Police Complaints Authority.

Authority Chairperson Justice Poonam A. Bamba, former Judge of the Delhi High Court, said in the Annual Report 2023-24 that a total of 1,688 complaints were received and carried forward during the period.

During the year, 649 cases were disposed of, leaving 1,039 cases pending. The percentage of disposals stood at 38.44 per cent.

The Authority is also authorised to probe public complaints related to extortion, land or house grabbing and other incidents involving serious abuse of authority. Complaints of illegal detention, police custody death or rape and grievous hurt in police custody are also probed by the Authority.

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Crime

Thane Crime: Man Attacked With Sword In Kalyan For Dispute Over Construction Of Toilet Near House

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Mumbai: In a separate incident, a 15-year-old boy has been detained for allegedly murdering his co-worker, 22-year-old Kaisar Azgar Ali, in Bhiwandi. The incident occurred on Wednesday, May 28, in the night at a worksite in Mankoli village, where both were employed as carpenters.

According to police, a minor argument escalated into a violent attack. The minor allegedly first struck Ali with a hammer, then used a plywood grinder to fatally injure him, slitting his neck and shoulder. Investigating Officer D.K. Kadam stated that the minor had been upset with Ali’s behaviour at the site and the situation turned violent after Ali allegedly struck him during the altercation.

The minor fled the scene, but police were alerted by the house owner and contractor who discovered the crime. A panchnama was conducted and the boy was located, detained and presented before the Juvenile Justice Board. He was remanded to an observation home. Ali was rushed to Indira Gandhi Memorial Hospital, where he was declared dead.

Thane: A 24-year-old man, Vikrant Jadhav, was brutally attacked with a sword in Umbarde, Kalyan West on Sunday. The assault is believed to be the result of an ongoing land dispute. According to reports citing police sources, Jadhav was fetching water when he was ambushed and attacked. He is currently receiving treatment for serious injuries at Rukminibai Hospital in Kalyan.

The victim’s father, Vijay Jadhav, has accused members of the neighbouring Gaikwad family of orchestrating the attack. The two families have reportedly been at loggerheads for years over property issues. Vijay had previously filed a police complaint against the Gaikwads, alleging that they had threatened to kill his family if he did not halt construction of a toilet adjacent to their home, reported Hindustan Times.

The Khadakpada police have registered a case under Section 118 (causing hurt with dangerous weapons) of the Bharatiya Nyaya Sanhita (BNS) and are currently investigating the matter. Efforts are underway to identify all the assailants and verify the allegations of prior threats and extortion.

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