Bombay High Court
Swararaj @ Raj Shrikant Thackeray vs The State Of Maharashtra on 3 December, 2018
11.appln.4404.09.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
11 CRIMINAL APPLICATION NO. 4404 OF 2009
SWARARAJ @ RAJ SHRIKANT THACKERAY
VERSUS
THE STATE OF MAHARASHTRA
...
Advocate for Applicant : Mr. Sagar S Ladda and Mr. Satyajeet J
Rahate.
APP for Respondent : Mr. A. V. Deshmukh
...
CORAM : K. L. WADANE, J.
DATE : 3rd December, 2018 PER COURT :
1. Heard the learned counsel for the applicant.
2. This application is filed by the applicant for quashment of the proceeding bearing R.C.C. No.13/2009 pending in the file of the J.M.F.C. Badnapur, Dist. Jalna. The Complainant Ambadas Tryambak Telangare filed a complaint before the Badnapur Police, which came to be registered as C.R. No.I-182/2008 for the offence punishable under Section 336, 143, 109 and 114 of Indian Penal Code read with Section 3 and 4 of Prevention of Damage to Public Property Act read with Section 135 of Bombay Police Act.
3. According to the applicant, on 21.10.2008, he was arrested by the Kherwadi Police Station, Mumbai in connection with Crime habeeb 1/3 ::: Uploaded on - 04/12/2018 ::: Downloaded on - 28/12/2018 23:44:24 :::
11.appln.4404.09.odt No.264/2008. The learned counsel for the applicant submits that the offence came to be registered at Badnapur Police Station on 21.10.2008. At the relevant time he was already in custody of Kherwadi Police Station. Prima facie there is no evidence to show that the applicant instigated or abated others to damage the public property. The learned APP opposes the application on the ground that the applicant abetted the commission of certain crime due to which there was heavy damage to the public property.
4. On perusal of the contents of the First Information Report, it reveals that the complaint was lodged by the driver of the bus plying from Aurangabad to Rajur. At about 12:30 pm when he was returning to Aurangabad at that time 10-15 persons suddenly came on the road and chanted slogans "Raj Thackeray Zindabad" and pelted stones and thereby caused damages to the tune of Rs.15-20 thousand.
5. The learned counsel for the applicant submits that the applicant Raj Thackeray is head of the political party at the relevant time he was not present on the spot. Prima-facie no evidence to show that the applicant instigated the persons who were in Badnapur taluka on Aurangabad route. There is absolutely no evidence to show that the applicant is abetted the commission of certain crime. The learned counsel for the applicant invited attention of this Court to the habeeb 2/3 ::: Uploaded on - 04/12/2018 ::: Downloaded on - 28/12/2018 23:44:24 :::
11.appln.4404.09.odt documents showing that at the relevant time, the applicant was in the custody of the Kherwadi police station on the date of incident i.e on 21.10.2008 and on the same date the custody of the applicant was transferred to Dombivali Police Station. So the record is absolutely clear to show that at the date of incident, the applicant was in Police Custody. Therefore, in such situation, it is highly impossible to the applicant to instigate. The learned counsel for the applicant has relied upon the observations in Criminal Application No.4770/2015 and has argued that the Division Bench of the Court looking to the similar fact of the case has quashed the earlier proceeding bearing RCC No.97 of 2009 against the same applicant namely Swararaj @ Raj Shrikant Thackeray. The learned APP submits that due to the speech delivered by the applicant, the persons from the society got annoyed and the incident is the result of such speech.
6. However, there is no record to show what kind of speech delivered by the applicant and what orders were given to the political workers. In such circumstances, prosecution cannot be allowed to continue. Hence application is allowed in terms of prayer clause 'B' and disposed of.
(K. L. WADANE, J.) habeeb 3/3 ::: Uploaded on - 04/12/2018 ::: Downloaded on - 28/12/2018 23:44:24 :::