Bombay High Court quashes FIR against Raj Thackeray over alleged misconduct during 2010 civic elections

The Bombay High Court on Friday quashed a criminal case in which Maharashtra Navnirman Sena (MNS) President Raj Thackeray was accused of violating the election code of conduct by overstaying in the Kalyan Dombivali Municipal Corporation (KDMC) area before the civic elections of 2010..A Bench of Justices AS Gadkari and Sharmila Deshmukh pronounced the verdict today and allowed a criminal application filed by Thackeray in 2014 to quash the first information report (FIR) and subsequent criminal proceedings in the matter. .The case arose in 2010, when elections were held in the KDMC for the post of corporator.Thackeray had gone to the areas of Kalyan and Dombivali for campaigning, which was to be completed by September 29, as per a circular issued by the State Election Commission.The Deputy Commissioner of Police issued a notice to Thackeray directing him to not stay within the KDMC jurisdiction beyond 10 PM on September 29, 2010. The notice specified that Thackeray was not to visit any office of any political party, residence, hotel, lodges, guest houses, etc. He was told that inn case he violated this notice, he may face prosecution as per Section 126 of the Representation of the People Act, 1951. .The prosecution alleged that Thackeray stayed in a house within the KDMC jurisdiction beyond the notified time.Senior police inspector RD Shinde is said to have visited Thackeray to serve him the notice. However, after Thackeray refused to accept the notice, the senior police officer pasted the notice at the location. Following this, an FIR was registered by the police under Section 188 (disobedience to order by a public servant) of the Code of Criminal Procedure for allegedly violating the notice. After the completion of the investigation, a chargesheet was filed against Thackeray before the judicial magistrate at Kalyan in 2011. The magistrate took cognizance of the chargesheet and issued summons to Thackeray on January 10, 2011, for appearance on February 5 that year..Accordingly, Thackeray appeared on February 5 and applied for bail, which was granted on the same day. .Meanwhile, Thackeray also filed a writ petition before the High Court through Advocate Sayaji Nangre, urging the Court to quash the case against him..The High Court had granted a stay on the proceedings on April 27, 2015.When the matter came up for hearing today, the Court heard both sides briefly before reserving the petition for orders and then delivering its verdict. .[Read order]