Bombay High Court Quashes FIR Against Raj Thackeray For Disobeying Public Servant In 2010

The Bombay High Court on Friday quashed the FIR and criminal proceedings against Maharashtra Navnirman Sena (MNS) chief Raj Thackeray alleging disobeying an order of a public servant by overstaying in Kalyan Dombivali Municipal Corporation area ahead of civic elections held in 2010.

A division bench of Justices Ajey S Gadkari and Sharmila U Deshmukh pronounced the order.

According to the FIR Thackeray was supposed to complete campaigning in the Kalyan and Dombivali area by September 29, 2010, in accordance with a circular issued by the State Election Commission (SEC).

Based on the circular, the Deputy Commissioner of Police issued a notice to Thackeray and asked him not to stay within KDMC area beyond 10 pm, that year. The notice said he couldn’t visit any political party office, residence, hotel, lodges, guest houses and in case of violation, he may face prosecution under the section 126 of the Representation of Peoples Act.

Despite this, it was alleged that Thackeray stayed in a house within KDMC beyond the notified time. The senior inspector visited him to serve the notice. But Thackeray refused to accept it and it was pasted outside the location.

Subsequently an FIR was registered against Thackeray under section 188 (disobedience to order by a public servant) of the IPC for violation of the notice.

In 2011 a chargesheet was filed before judicial magistrate in 2011, Kalyan. The magistrate took of the matter and summoned Thackeray to appear on February 5, that year. Thereafter, Thackeray appeared before the court and sought bail, which was granted on the same day.

In 2014 Thackeray approached the HC through advocate Sayaji Nangre and sought quashing of the FIR. In April 2015, the HC granted stay on the proceedings and had directed to expedite the hearing.

Nangre’s primary argument was that section 188 of the CrPC was a non-cognisable offence and therefore proceedings could not be initiated through FIR, but through a complaint before the magistrate.

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