“We are of the opinion that this is not a case where there is no incriminating material against the Petitioner”
The Bombay High Court on Friday dismissed Professor Anand Teltumbde plea to quash FIR registered against him in relation to Bhima-Koregaon incident.
Refusing to interfere with the investigation, the bench comprising Justice B. P. Dharmadhikari and Justice Sarang V. Kotwal observed: “We are of the opinion that this is not a case where there is no incriminating material against the Petitioner. It is also not possible to record a finding that implicating the Petitioner as one of accused is a malafide exercise of powers on the part of Investigating Agency. The offence is serious. The conspiracy is deep rooted and has extremely serious repercussions. The Investigating Agency must be allowed to have sufficient opportunity to collect evidence. The investigation is in progress.”
In his petition, the professor denied the allegations that he is associated with Communist Party of India (Maoist) or having any nexus with the Bhima-Koregaon incident. It was contended that he is targeted by the Police Officer because of his writings and his prominence.
Resisting his plea, the state produced several letters which mentions his name as Com. Anand., and contended that he was not only an active member of the banned organisation, but also took active part ‘in executing the sinister design of destabilizing the society’.
Referring to these documents, the bench said that they are satisfied that the Investigating Agency has some material to establish the identity of the professor as Anand or Com. Anand. It also said that the allegations and material against him travel beyond the mere allegations of being a member of banned organization.
“The investigation is still in progress. Considering the nature and magnitude of the conspiracy, the Investigating Agency is required to be given sufficient opportunity to unearth the evidence against the accused. We are satisfied that at this stage there is sufficient material against the Petitioner with the Investigating Agency and the allegations against him are not baseless.”, the court said.
However, the bench acceded to the plea requesting stay of this order for three weeks for approaching the Apex Court.