Bombay HC quashes FIR against Raj Thackeray for allegedly disobeying public servant's order in 2010.

November 10th 2023.

Bombay HC quashes FIR against Raj Thackeray for allegedly disobeying public servant's order in 2010.
Mumbai: The Bombay High Court on Friday quashed the FIR registered against Maharashtra Navnirman Sena chief Raj Thackeray for allegedly disobeying the orders of a public servant and overstaying in the Kalyan-Dombivali Municipal Corporation (KDMC) area ahead of the 2010 civic elections. A division bench consisting of Justices Ajey Gadkari and Sharmila Deshmukh pronounced the order.

The case revolved around a circular issued by the State Election Commission, which stated that Thackeray had to complete his campaigning in the Kalyan and Dombivali area by September 29th, 2010. In response, the Deputy Commissioner of Police issued a notice to Thackeray, asking him not to stay within the KDMC area beyond 10 PM that same year. The notice specified that the leader could not visit any political party office, residence, hotel, lodges, or guest houses, and that violation of the notice would lead to prosecution under Section 126 of the Representation of Peoples Act.

It is alleged that, despite the notice, Thackeray stayed in a house within the KDMC area beyond the notified time and refused to accept the notice, which was pasted outside the location. As a result, an FIR was registered for violation of the notice, and the leader was granted bail by the local magistrate.

In 2014, however, Thackeray approached the High Court through advocate Sayaji Nangre, seeking the quashing of the FIR. Nangre argued that it was a non-cognisable offence and that proceedings could not be initiated through an FIR but through a complaint before the magistrate. After careful consideration of the arguments, the High Court ruled in favour of Thackeray and quashed the FIR.

Following the High Court's decision, Thackeray, along with the Maharashtra Public Works Minister, Dada Bhuse, addressed the media in a joint presser. During the presser, Bhuse confirmed that the state government would soon be rolling out toll-tax reforms.

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