Bombay High Court refuses to quash case against N Chandrababu Naidu for alleged attack on police

The Aurangabad Bench of the Bombay High Court has refused to quash a criminal case filed against former Chief Minister of Andhra Pradesh N Chandrababu Naidu and another Telugu Desam Party (TDP) leader, N Anand Babu, for allegedly assaulting prison personnel in 2010 [N Chandrababu Naidu, N Anand Babu v. State of Maharashtra]..The assault allegedly took place when police officers in Maharashtra tried to shift Naidu, Babu and others arrested in a protest-related case, to the Aurangabad Central jail.A Bench of Justices Mangesh Patil and Shailesh Brahme opined that it had no doubt that there is enough material to reveal complicity of both the accused in the commission of the crime. “Considering the fact that the FIR was lodged promptly and even the injured police personnel were medically examined immediately after occurrence of the incident, there is enough material revealing complicity of the applicants in commission of the crime with which they have been charged and it would not be appropriate to quash the crime and the criminal case under Section 482 of the Code of Criminal Procedure. We find no illegality in registration of the crime against the applicants, its investigation by the police and the cognizance taken by the Magistrate,” the Court held on May 10, 2024..The Court, however, extended till July 8 the interim relief earlier granted to Naidu on September 13, 2023, whereby he was exempted from appearing before the trial court..By way of background, in July 2010, Naidu and Babu were arrested along with 66 associates by the Dharmabad police in a case concerning certain protests.They were remanded to judicial custody and were kept in a temporary prison in the government rest house of Dharmabad. After their judicial custody was extended, the Maharashtra Deputy Inspector General (DIG) of Prisons ordered their shift to the Aurangabad Central Prison.However, Naidu and Babu refused to be shifted and allegedly started hurling abuses in Telugu and English against the jail authorities and also refused to get into the bus arranged for their transport, while warning that the acts of the police could lead to an inter-State conflict. They were further accused of having instigated the other accused and assaulted police officials. After additional forces were called for, the accused were later shifted to the Aurangabad Central Prison..Thereafter, Naidu and Babu were booked under Sections 353 (using criminal force against public servants), 324 (voluntary hurt by dangerous weapons), 332 (harm public servant), 336 (endangers life or personal safety of others), 337 (harm someone by acting rashly), 504 (threaten public tranquility), 506 (criminal intimidation) and 34 (common intention) of the Indian Penal Code.Both politicians challenged this case before the Bombay High Court by two petitions. .Senior advocate Sidharth Luthra appeared for Naidu and Babu and argued that the agitation case (in which they had been arrested in 2010) was withdrawn days after it was lodged and that the magistrate discharged all the accused in the case. However, the police implicated Naidu in the present crime with false and concocted allegations since they were aware of the withdrawal of the main case. .The Court, however opined, that it would not be appropriate to quash the criminal case at hand. “There is enough material revealing complicity of the applicants (Naidu and Babu) in commission of the crime with which they have been charged and it would not be appropriate to quash the crime and the criminal case,” the High Court said.Accordingly, it dismissed the petitions filed by Naidu and Babu. On a related note, Naidu was arrested last September in the Andhra Pradesh Skill Development scam case. However, the Andhra Pradesh High Court later allowed his release on interim bail on medical grounds. In November 2023, the High Court also granted him regular bail. An appeal challenging Naidu's release on bail is pending before the Supreme Court. .Senior advocate Luthra, who appeared for Naidu before the Bombay High Court, was assisted by advocates Aayush Kaushik, Satyajit S Bora and Pratibha ChoudhariAdditional public prosecutor VK Kotecha appeared for the State of Maharashtra..[Read order]