The protection was granted by the Court while hearing an appeal against an order passed by single-judge Justice Asha Menon of the Delhi High Court who had said that the police had a lot to explain for not having registered an FIR against Hussain on the receipt of a complaint sent to the Commissioner of Police which clearly disclosed the commission of a cognizable offence of rape after administration of a stupefying substance.
The single-judge had made these observations while hearing a challenge to the order of a Special Judge who had upheld the orders of the Metropolitan Magistrate (MM) directing the registration of an FIR.
The police had informed the MM that as per the inquiry, the allegations raised by the complainant were not substantiated. Despite this, following the decision of the Supreme Court in Lalita Kumari v Government of Uttar Pradesh, the MM passed an order directing registration of FIR.
The special judge subsequently upheld this decision.
Hussain then moved the High Court which also refused relief leading to the appeal before the top court.
Source: Barandbench
