10 November,2023 12:02 PM IST | Mumbai | mid-day online correspondent
Raj Thackeray. File Photo
The Bombay High Court on Friday quashed the First Information Report (FIR) and subsequent criminal proceedings initiated against Maharashtra Navnirman Sena (MNS) chief Raj Thackeray for allegedly violating the model code of conduct ahead of the civic polls in 2010, stated a report in PTI.
According to the report, a division bench of Justices Ajey Gadkari and Sharmila Deshmukh granted relief to Thackeray in response to the 2014 petition filed by the MNS head against the FIR.
Reportedly, the FIR stated that Thackeray campaigned in the Kalyan and Dombivali area for the civic polls violating the circular of the State Election Commission (SEC) that required completion by September 29, 2010.
The deputy commissioner of police, citing the circular, a notice to Thackeray, instructing him not to stay within the limits of the Kalyan-Dombivali Municipal Corporation (KDMC) beyond 10 pm on September 29, 2010. The party chief was also directed to not visit any political party office, residence, hotel, lodges or guest houses, the report added.
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According to the report, he was told violation could lead to prosecution under section 126 of the Representation of Peoples Act.
The report stated that the prosecution alleged that Thackeray stayed in a house within the KDMC area beyond the specified time. After a senior police inspector visited Thackeray to serve a notice. He reportedly refused to accept it, leading to the notice being pasted at the location.
According to the PTI report, an FIR was registered on Thackeray under Section 188 (disobedience to order by a public servant) of the Indian Penal Code for violating the notice. The chargesheet was filed and Thackeray appeared before the court, seeking bail, which was granted on the same day.
In 2014, Thackeray approached the HC to quash the First Information Report. The court, on April 27, 2015, granted a stay on the proceedings pending his plea. Thackeray's lawyer argued that section 188 of IPC was a cognisable offence, and proceedings should be initiated through a complaint before the magistrate, not an FIR.
