Bombay HC quashes FIR against Raj Thackeray for 2010 model code of conduct violation

Mumbai HC quashed FIR against MNS chief Raj Thackeray for violating model code of conduct before 2010 civic polls. Court allowed 2014 petition filed by Thackeray against FIR registered under Section 188 of IPC. Lawyer argued proceedings could not be initiated through FIR, but through complaint before magistrate.

The Bombay High Court (HC) on Friday quashed an FIR and subsequent legal proceedings against Maharashtra Navnirman Sena (MNS) chief Raj Thackeray, accused of violating the model code of conduct before the 2010 civic polls.

A division Bench of Justices Ajey Gadkari and Sharmila Deshmukh allowed the 2014 petition filed by the MNS head against the FIR registered under Section 188 (disobedience to order by a public servant) of the Indian Penal Code (IPC) for violation of the notice.

According to FIR, Mr. Thackeray visited Kalyan and Dombivali area, on the outskirts of Mumbai, for campaigning which was to be completed by September 29, 2010, as per a circular of the State Election Commission (SEC).

After the charge sheet was filed before the judicial magistrate, Kalyan, the magistrate took its cognisance and issued summons to Mr. Thackeray on January 10, 2011. Thereafter, Mr. Thackeray appeared before the Court and sought bail, which was granted on the same day. In 2014, Mr. Thackeray approached the HC to get the FIR quashed. The High Court on April 27, 2015, granted the stay on the proceedings pending his plea.

Lawyer Sayaji Nangre representing the MNS chief had argued that Section 188 of IPC was a cognisable offence and therefore proceedings could not be initiated through FIR, but through a complaint before the magistrate.