The Bombay High Court has quashed the FIR and criminal proceedings against Maharashtra Navnirman Sena (MNS) chief Raj Thackeray, pertaining to allegations of disobeying an order of a public servant by overstaying in the Kalyan Dombivali Municipal Corporation area ahead of civic elections in 2010. A division bench, comprising Justices Ajey S Gadkari and Sharmila U Deshmukh, pronounced this decision, Live Law reported.
According to reports, the FIR had accused Thackeray of violating a circular issued by the State Election Commission (SEC), requiring him to complete campaigning in the Kalyan and Dombivali area by September 29, 2010. 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.
In response to the FIR, charges under section 188 (disobedience to order by a public servant) of the Indian Penal Code (IPC) were filed in 2011. Thackeray, summoned by the judicial magistrate in Kalyan, appeared before the court on February 5 of the same year and was granted bail.
According to reports, in 2014, Thackeray, represented by advocate Sayaji Nangre, approached the High Court seeking the quashing of the FIR. The HC, in April 2015, granted a stay on the proceedings and directed an expedited hearing. Nangre's primary argument centred around the non-cognizable nature of section 188 of the Code of Criminal Procedure (CrPC), asserting that proceedings should be initiated through a complaint before the magistrate rather than an FIR.
The recent decision by the Bombay High Court marks the conclusion of the legal proceedings, providing relief to Raj Thackeray in this case.