Today, the Bombay High Court rejected the First Information Report (FIR) and criminal proceedings against Raj Thackeray, the leader of Maharashtra Navnirman Sena (MNS). The allegations had revolved around his alleged violation of an order from a public servant by staying in the Kalyan Dombivali Municipal Corporation area during the lead-up to the 2010 civic elections.
The order was announced by a division bench consisting of Justices Ajey S Gadkari and Sharmila U Deshmukh.
As per the FIR, Thackeray was expected to conclude his campaign activities in the Kalyan and Dombivali area by September 29, 2010, in compliance with a circular issued by the State Election Commission (SEC).
As per the circular, the Deputy Commissioner of Police issued a notice to Thackeray, instructing him not to remain within the Kalyan Dombivali Municipal Corporation (KDMC) area past 10 pm that year. The notice explicitly stated that he should refrain from visiting any political party offices, residences, hotels, lodges, or guest houses within the specified area. It also warned that any violation of these instructions could lead to legal prosecution under Section 126 of the Representation of Peoples Act.
Even after these instructions, there were allegations that Thackeray stayed in a residence within the Kalyan Dombivali Municipal Corporation (KDMC) area beyond the stipulated time. A senior inspector attempted to serve the notice to him at the location, but Thackeray declined to accept it. As a result, the notice was affixed outside the premises.
Following these events, an FIR was lodged against Thackeray under Section 188 of the Indian Penal Code (IPC), which pertains to "disobedience to an order by a public servant," due to his alleged violation of the notice.
In 2014, Thackeray, approached the High Court seeking the quashing of the FIR. Subsequently, in April 2015, the High Court not only granted a stay on the legal proceedings but also issued a directive to expedite the hearing of the case.
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