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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

Mumbai: Airport Customs Seizes 1.34 Kg Of Ganja Worth ₹1.34 Crore From Bangkok Passenger

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Mumbai: On September 30, 2024, The Airport Commissionerate, Mumbai, Zone-III, on profiling intercepted a passenger who arrived from Bangkok and seized 1346 grams of suspected Ganja (Marijuana) with an estimated provisional value of ₹1.34 Crore.

The contraband was ingeniously packed in vacuum-sealed packets and further concealed inside food packets, which were placed inside a trolley bag carried by the passenger.

This diligent effort culminated in the arrest of the passenger under the NDPS Act, 1985, for possession and attempted smuggling of narcotic substance.

The Airport Commissionerate remains committed to maintaining stringent security measures and ensuring the safety and well-being of the citizens by curbing such illegal activities.

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Crime

Class 12 Girl Brutally Murdered By Classmate Using Koyta In Baramati College; Post-Crime Visuals Surface

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Class 12 Girl Brutally Murdered By Classmate Using Koyta In Baramati College; Post-Crime Visuals Surface

Pune: In a shocking incident in Baramati on Monday, a grade 12th student was brutally murdered by his classmate on the campus of Tuljaram Chaturchand College. Both the victim and accused were minor and the police have arrested the suspect, reports say.

The incident took place on Monday morning around 11.30 am after a heated argument between the two classmates. In the rage of anger one of them attacked another by a sharp weapon (koyta) after which the victim was taken to a nearby hospital. However, he was declared dead on arrival by the doctors. Police soon reached the spot and arrested the attackers, reports say, adding that one more classmate was involved in the attack.

The incident has sent shockwaves across Maharashtra. MP from Baramati and NCP (SP) Supriya Sule slammed the government for the crippling law and order in the state amid rising crimes. “A youth was killed in a broad daylight in the Baramati college is shocking and unfortunate. The law order is deteriorating day by day and criminals have are left with no fear,” Sule posted on X.

She added that, the incidents of people roaming around with a sword, koyta or pistols have increased. The Gundaraj in Maharashtra has because of failure of Home Minister Devendra Fadnavis, taking our state years back,” the NCP (SP) added.

Further investigation in case is underway.

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Crime

Badlapur Rape Accused Akshay Shinde’s Family Terms His Death As Planned Encounter; ‘They Killed Him,’ Says Grieving Mother

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Badlapur Rape Accused Akshay Shinde's Family Terms His Death As Planned Encounter; 'They Killed Him,' Says Grieving Mother

Mumbai: The death of Akshay Shinde, man accused of sexual assault of two minors, while in police custody has triggered a political controversy in Maharashtra. Shinde, who had been working as a sweeper at a Badlapur school, was accused of sexually assaulting two minor students. His death occurred near the Mumbra Bypass while he was being transferred from Taloja jail to Badlapur for further investigation on September 23.

The Maharashtra government claims police acted in self-defence, but Shinde’s family alleges foul play, calling it an ‘encounter’ and demanding justice. Meanwhile, opposition parties are calling for a judicial probe.

Allegations By Akshay Shinde’s Family

Following the incident, Shinde’s body was taken to JJ Hospital for a post-mortem. Outside the hospital, his mother and uncle voiced their suspicions, claiming that the police had beaten him in custody and coerced him into writing something unknown. “They killed him,” his grieving mother reportedly said while speaking to the reporters.

They questioned how he could have snatched a policeman’s gun and opened fire, stating that Shinde, who feared simple things like bursting crackers and crossing roads, could not have committed such an act. His mother also revealed that he had sent a chit asking for money, adding to their belief that something was amiss.

Thane police commissioner Ashutosh Dumbre has established an eight-member inquiry committee to investigate the incident. The panel, led by Additional Police Commissioner Punjabrao Ugle, includes several deputy and assistant commissioners of police, as well as police inspectors. The inquiry will examine the circumstances leading to Shinde’s death, with a focus on the police’s claim of self-defence.

What Exactly Happened?

According to the police version, Shinde allegedly grabbed a policeman’s gun while being transported and shot at an assistant police inspector. In response, another officer fired at him, resulting in Shinde’s death at Kalwa civil hospital. The police had been transporting him as part of a probe related to allegations made by his ex-wife, who had accused him of sexual violence.

Family Terms Death As ‘Planned Encounter’

Shinde’s family, however, maintains that his death was a planned encounter. His mother insisted that her son was innocent and incapable of the violence described by the police, adding, “He didn’t even know how to drive a car, how could he fire such a big gun?” She demanded that those responsible for his death be punished.

Maharashtra Chief Minister Eknath Shinde and Deputy CM Devendra Fadnavis have supported the police’s account, stating that officers acted in self-defence after Shinde fired at them. Fadnavis, who also holds the home ministry portfolio, dismissed opposition criticism, stating that it was wrong to question the police when they were trying to save lives.

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