HC reserves order in Raj Thackeray’s plea challenging 2010 FIR for flouting of SEC order

The prosecution alleged that Thackeray stayed in a house within KDMC area beyond the notified time and after a senior police inspector had visited Thackeray to serve him a notice, the latter refused to accept the same, after which it was posted at the concerned location.

An FIR was registered against Thackeray under section 188 (disobedience to order by a public servant) of the Criminal Procedure Code( CrPC) for violation of the notice. The chargesheet was filed before judicial magistrate in 2011, Kalyan after the probe was complete and the magistrate took its cognisance and issued summons to Thackeray on January 10, 2011 to appear on February 5, that year. Thereafter, Thackeray appeared before the court and sought bail, which was granted on the same day.

Thackeray filed a plea in HC through advocate Sayaji Nangre seeking quashing of the case. The High Court on April 27, 2015 had granted stay on the proceedings pending his plea and had directed to expedite the hearing.

Nangre argued that section 188 of CrPC was cognisable offence and therefore proceedings could not be initiated through FIR, but through a complaint before the magistrate.

Thackeray argued that the FIR was not as per law and required to be quashed and set aside. On Friday, the bench briefly heard both the parties and reserved its order, which will be pronounced in due course.