Mumbai: The Bombay High Court on Friday quashed the FIR registered against Maharashtra Navnirman Sena (MNS) chief Raj Thackeray for allegedly disobeying a public servant's order abs overstaying in Kalyan Dombivali Municipal Corporation area ahead of 2010 civic elections.
A division bench of Justices Ajey Gadkari and Sharmila Deshmukh pronounced the order.
Details On The Case
As per the circular issued by the State Election Commission (SEC), Thackeray was supposed to complete campaigning in the Kalyan and Dombivali area by September 29, 2010. Based on this 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 specified they the leader could not visit and 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.
It is alleged that, despite the notice, Thackeray stayed in a house within KDMC beyond the notified time. He allegedly refused to accept the notice and it was pasted outside the location.
Hence, an FIR was registered for violation of the notice. He was granted bail by the local magistrate in the matter.
He approached the HCun 2014, through advocate Sayaji Nangre seeking quashing of the FIR. Nangre argued that it was a non-cognisable offence and therefore proceedings could not be initiated through FIR, but through a complaint before the magistrate.