Bombay High Court quashes criminal case against Raj Thackeray over 2008 stone pelting incident

The Aurangabad bench of Bombay High Court on April 18 quashed the charges against Maharashtra Navnirman Sena (MNS) chief Raj Thackeray in a criminal case registered over a stone pelting incident from 2008 [Raj Thackeray v. State of Maharashtra]..Justice Nitin B Suryawanshi observed that there was no material on record to show that Thackeray instigated the stone pelting, which made the charge against him groundless..The criminal case in focus concerned an incident from October 2008, when party workers from the MNS were said to have pelted stones at a bus, damaging its front window glass and causing losses worth ₹5,000. Before surrounding the bus and pelting stones, the MNS workers were said to have shouted slogans praising Raj Thackeray. Three other buses were also said to have been damaged by such acts. Thackeray was arraigned as an accused on allegations that he had instigated the stone-pelting incidents through provocative speeches against migrants from north India who he reportedly claimed were to blame for unemployment among local youth. Thackeray was, therefore, booked under Sections 143 (unlawful assembly), 341 (wrongful restraint), 336, 337 (endangering the life of others), 427 (mischief) and 109 (abetment) of the Indian Penal Code.After a chargesheet was filed in the case against Thackeray, he applied for discharge. However, his discharge application was dismissed by a trial court, which order was then upheld by the sessions court.Both these orders were challenged before the High Court. Thackeray argued that merely because the co-accused raised slogans referring to him, it was not sufficient to implicate Thackeray for the abetment of the crime..The High Court found that the chargesheet did not contain the allegedly provocative speech made by Thackeray, which was said to have instigated the MNS workers to commit the offence. No witness statements were recorded on this aspect either, the Court noted.The High Court went on to observe that this vital aspect was not considered by the magistrate and sessions court, leading to an error on their part in rejecting Thackeray’s discharge application.“The trial court as well as sessions court have failed to appreciate this vital aspect and have erred in rejecting prayer of petitioner for discharge. The orders are therefore unsustainable in law and facts of the case”, the High Court held while allowing Thackeray's plea and quashing the case against him. .Senior advocate Rajendra Shirodkar with advocates Sayaji Nangre and Arun Shejawal appeared for Thackeray. Additional public prosecutor SR Wakle appeared for the Maharashtra government. .[Read Judgment]