Marathi Language Row | Bombay High Court Refuses To Quash FIR Against Ex-MNS Leader Booked For Assaulting Lawyer

The Bombay High Court on Tuesday refused to quash a First Information Report (FIR) lodged against then Maharashtra Navnirman Sena (MNS) leader Akhil Chitre, who was booked in December 2020 for allegedly assaulting a lawyer, who obtained orders against the party and its workers, who were then demanding Amazon to use Marathi language in its daily communications.

A division bench of Justices Ajay Gadkari and Ranjitsinha Bhonsale said that the material on record, established a 'prima facie' case against Chitre, who has now joined Shiv Sena (UBT).

"Considering the FIR, the papers of investigation, statements and the injury certificate, it cannot be said that, no case at all is made out against the accused. We, in fact find that, a prima facie case is clearly made out against the accused including the Petitioner. There is material on record, which prima facie implicates the Petitioner in the said offence," the judges said in the order.

As per the prosecution case, in October, 2020, followers of the MNS party were insisting that, the Amazon Company should use Marathi language in their day to day activities. The Petitioner as a follower of the said party had threatened the said company's employees, pursuant to which the said Company had filed legal proceedings in the City Civil Court at Dindoshi, seeking injunction to restrain the Petitioner and the other followers of party to enter into the Company's premises.

On October 22, 2020, the City Civil Court granted an 'ex-parte' stay and listed the suit for hearing on December 2020 and advocate Durgesh Gupta had appeared for the Company.

According to Gupta's complaint, when he stepped out of the court hall after the hearing, three unknown persons came near him and asked him his name and if he was responsible for obtaining the stay order and he was then assaulted with fists, blows and kicks. When some advocates came to help him, the trio fled the spot and subsequently, the complainant and other advocates spotted Chitre removing his car from the parking of the court premises and one of the unknown persons (who assaulted Gupta) was present in the car.

In his defence, Chitre argued that no role was attributed by the complainant to him and that he never participated in the assault. However, the bench was unimpressed by the contentions.

"The investigation clearly shows the participation of the Petitioner in the present crime. The manner in which assault has taken place etc, is a matter of trial. We cannot, and ought not to under the jurisdiction of Section 482 of Criminal Procedure Code, enter into that arena. According to us, this is not a case, which calls for exercise of jurisdiction under section 482 of the Criminal Procedure Code. According to us, no case for quashing is made out. What the Petitioner raises before us is his defence, which can only be tested or tried at the trial. The FIR, makes out a prima facie case. The defences raised by the Petitioner are all required to be raised in evidence at the trial," the judges opined.

The bench suggested Chitre to avail the alternate remedy which is to file a discharge application as the prosecution has submitted its chargesheet before the trial court.

The judges, even refused to extend the 'interim relief' which was running in Chitre's favour since 2021, citing the fact that the probe in the instant case is to be closed and already four years have passed over.

With these observations, the bench dismissed the plea.

Appearance:

Advocate Tapan Thatte appeared for the Petitioner.

Acting Public Prosecutor Mankunwar Deshmukh assisted by Additional Public Prosecutor Vinod Chate represented the State.

Case Title: Akhil Anil Chitre vs State of Maharashtra (Criminal Writ Petition 5 of 2021)

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