Bombay HC: Refuses to Quash Second FIR, Justified the Fear of State

Bombay High court Law Insider

Paridhi Arya

Published on April 26, 2022 at 13:18 IST

Bombay High Court Bench of Justice P B Varale and Justice S M Modak has said “The Petitioners who claimed to be active in their political and public life are expected to act more responsibly”

The Bench refused to Quash Second First Information Report filed by Mumbai Police for obstructing the Public Servant on duty against Amravati, Member of Parliament Navneet Rana and her husband, Member of Legislative Assembly Ravi Rana.

The Ranas have alleged that First FIR is based on apprehension of Offence so it is baseless and Second First Information Report is malicious and legally untenable. The couple got Arrested on Saturday for their statement that they would recite Hanuman Chalisa outside the residence of Maharashtra CM Udhav Thackrey.

“As it is said, great power comes with great responsibilities. Responsible conduct from those persons active in public and political life cannot be an extra expectation, but it would be a minimum basic expectation.” Bench said.

The High Court asserted that reciting Hanuman Chalisa in front CM’s residence will disturb the Law and Order and state is right in making such apprehension. Special Public Prosecutor Pradeep Gharat stated that two First Information Report s lodged at for different set of events.

The Court however granted Limited Relief that to take any coercive action Police will need to serve Notice before 72 hours and Session Court will decide Bail Application on merits filed by Rana’s.

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