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2018 Supreme(Bom) 2106

B.P.DHARMADHIKARI, SARANG V.KOTWAL
Anand Teltumbde – Appellant
Versus
State of Maharashtra – Respondent


Advocates:
Advocate Appeared:
For the Appellants : Mihir Desai, Mr. Vijay Hiremath, Ms. Devyani Kulkarni.
For the Respondent: Smt. A.S. Pai.

JUDGMENT :

Sarang V. Kotwal, J.

1. The Petitioner has preferred this Writ Petition for quashing and setting aside the proceedings in connection with the FIR dated 08.01.2018 registered with Vishrambaug Police Station, Pune, vide C.R. No. 4 of 2018. By the second prayer, the Petitioner has prayed for issuance of directions to the investigating agency not to take coercive steps against him in respect of the said FIR.

2. The FIR was lodged on 08.01.2018 at Vishrambaug Police Station for the offences punishable under Sections 153A, 505(1)(b) and 117 read with 34 of the Indian Penal Code (for short, IPC). The FIR was lodged by one Tushar Damgude. According to him, he was in the business of construction. Through a social networking site, he came to know that, there was a programme at Shanivarwada on 31.12.2017 organized by Elgar Parishad. He attended the said programme/public meeting at around 2.00 p.m. on 31.12.2017. It is mentioned in the FIR that, there were a few speakers, comperes, singers and other performers present on the stage. The first informant has stated in his FIR that, some of the performers enacted short plays, dances and songs which were provocative in nature and had effect

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