Today, the Bombay High Court quashed an order passed by a Maharashtra court refusing the discharge of Raj Thackeray in a 2008 case arising out of a protest initiated by his party. Thackeray was arrested in complaints filed over this agitation.
The Bench of Single-judge Justice Amit Borkar directed the Sessions Court at Islampur to hear the discharge application afresh.
Back in 2008, the incident took across districts in Maharashtra when MNS workers had staged a state-wide agitation demanding preference for Maharashtrian youth in railway jobs.
His party workers carried out further agitation protesting their chief’s arrest. In one such FIR registered at Sangli in 2008 alleging unlawful assembly and breach of peace, Thackeray filed a discharge application in 2013 at the stage of framing of charges.
The application was filed before a Magistrate who rejected the application and summoned Thackeray to appear for framing of charges.
When Thackeray failed to appear, the Magistrate issued a non-bailable warrant against him. Thackeray challenged the rejection of the discharge plea before a Sessions Court at Islampur, Sangli. The session judge also rejected the same leading to the present plea before the High Court.
The Court after considering the arguments of both sides, quashed and set aside the session's Court order and directed that the discharge plea be decided afresh.
The Court also asked the sessions court to consider the non-bailable warrant if and when Thackeray seeks a stay on the same.
Case Title - Raj Thackeray v. State
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