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2019 Supreme(Bom) 1498
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
Ranjit More, Bharati H. Dangre, JJ.
Gautam P. Navlakha - Appellant
Vs.
State of Maharashtra - Respondent
Writ Petition No. 4425 of 2018
Decided On : 13-09-2019
Yug Mohit Chaudhry, Adv., Ragini Ahuja, Adv., A.S. Pai, Adv.
Headnote:
Indian Penal Code,1860 - section 34 - Constitution of India - Article 226- Code of Criminal Procedure,1973 - Section 482 - Invoked the jurisdiction - quash the proceedings of FIR – First Information Report – Claim of compensation - FIR proceeds on the lines that Tushar Damgude came to know through social networking sites that there is programme at Shaniwarwada on 31st December 2017 organised by Elgar Parishad. He attended the said programmne / public meeting at around 2.00 p.m. on 31st December 2017. It is stated by the informant that there were few speakers, singers, comperes and other performers present on the stage; some of the performers enacted short plays, dances and songs which were provocative in nature and had the effect of creating communal disharmony. It is stated in the FIR that few objectionable books and other literature were kept at the venue for sale. It is also alleged in the said FIR that banned organisation-CPI(Maoist) was inciting violence. The allegation is also made that members of Kabir-Kala Manch spread hatred through their songs, plays and speeches causing enmity between different communities and as a result thereof, there were incidents of violence, arson and stone pelting near Bhima-Koregaon causing loss of lives and public money – Held, This is one of the important documents of the CPI(M). In this document, they have quoted the strategy and tactics based upon the protracted peoples war. In order to understand the role of the Petitioner it is important to understand the role and responsibility entrusted with the urban cadres in this document. Document discloses the importance of urban movement and in this context, the letters received and sent by the Petitioner are to be read - Above documents relied upon by the prosecution are placed on record and in fact they are part of the charge sheets filed against other accused. These documents are recovered from the electronic devices of the Petitioner and others. Apart from this material, Mrs. Pai has placed for our perusal further investigation papers in a sealed envelope which cannot be disclosed to the Petitioner at this stage since investigation is in progress and disclosure will result in impending the progress of investigation. We, therefore, refrain ourselves from recording any comments thereupon - Having considered the documents referred to above and submitted for our perusal by the learned APP in a sealed envelope, we are satisfied that the investigating agency has material to connect the Petitioner in the subject crime. The investigation is still in progress. Considering the nature and magnitude of the conspiracy, in our opinion, the investigating agency is required to be given sufficient time to unearth the evidence against the Petitioner especially when the scope of investigation is not restricted to Bhima-Koregoan incident but activities leading to the incident and subsequent activities as well are the subject matter of investigation – Petition dismissed
JUDGMENT :
Ranjit More, J.
The Petitioner has invoked the jurisdiction of this Court under Article 226 of Constitution of India and section 482 of the Code of Criminal Procedure,1973 to quash the proceedings of FIR bearing CR. No.4 of 2018 registered on 8th January 2018 with Vishrambagh Police Station, Pune qua him.
2. The subject FIR was registered on 8th Janaury 2018 on the basis of complaint of one Tushar Ramesh Damgude, initially for the offence punishable under sections 153A,505(I) (b),117 read with section 34 of the Indian Penal Code,1860 with Vishrambagh Police Station, Pune. On 24th January 2018, investigation of this FIR was transferred to Assistant Commissioner of Police, Swargate in pursuance of the directions given by Commissioner of Police.
The FIR proceeds on the lines that Tushar Damgude (first informant) came to know through social networking sites that there is programme at Shaniwarwada on 31st December 2017 organised by Elgar Parishad. He attended the said programmne / public meeting at around 2.00 p.m. on 31st December 2017. It is stated by the informant that there were few speakers, singers, comperes and other performers present on the stage; some of the performers enacted short plays, dances and songs which were provocative in nature and had the effect of creating communal disharmony. It is stated in the FIR that few objectionable books and other literature were kept at the venue for sale. It is also alleged in the said FIR that banned organisation-CPI(Maoist) was inciting violence. The allegation is also made that members of Kabir-Kala Manch spread hatred through their songs, plays and speeches causing enmity between different communities and as a result thereof, there were incidents of violence, arson and stone pelting near Bhima-Koregaon causing loss of lives and public money.
The events occurring on 1st January 2018 at Bhima-Koregaon had the wide repercussions throughout the State of Maharashtra and the law and order was affected at many places. In the subject FIR, six persons were named as accused, namely, Sudhir Dhawale, Sagar Gorakhe, Harshali Potdar, Dipak Dhengale, Jyoti Jagtap and Ramesh Gaychor. After investigation was taken over by ACP, Swargate, Pune, the scope of investigation was expanded as new material started surfacing. The investigation revealed deep rooted conspiracy to create communal disharmony. Accordingly, section 120-B was added on 6th March 2018.
Search was conducted on 17th April 2018 on the residential premises and work places of Rona Wlison of Delhi, Surendra Gadling of Nagpur, Sudhir Dhawale and Harshali Potdar of Mumbai, Sagar Gorake, Dipak Dhengale, Ramesh Gaychor and Jyoti Jagtap of Pune. The seized items were sent to Forensic Science Laboratory. The close copies of the electronic material were sent by the FSL to the investigating agency for further investigation.
On 17th May 2018, the provisions of Unlawful Activities (Prevention) Act, 1967 were invoked. Sections 13, 16, 17, 18, 18B, 20, 38, 39 and 40 of the said Act were added to the subject FIR. Surendra Gadling, Rona Wilson, Shoma Sen, Mahesh Raut, Comrade M @ Milind Telgumbade, Comrade Prakash @ Niavin @ Rituparn Goswami, Comrade Manglu and Comrade Dipu were added as accused.
On 22nd August 2018, more persons were added as accused, namely, Vara Vara Rao, Arun Ferreira, Vernon Gonsalves, Sudha Bharadwaj and present petitioner. One Stan Swamy resident of Ranchi was mentioned only as a suspect and not as an accused. Out of these persons, at present, Vara Vara Rao, Arun Ferreira, Vernon Gonsalves, Sudha Bharadwaj are in judicial custody. On 15th November 2018, charge-sheet was filed in the Court of Additional Sessions Judge, Pune against Surednra Gadling, Rona Wilson, Sudhir Dhawale, Shoma Sen and Mahesh Raut.
The Petitioner along with four others came to be arrested on 28th August 2018 from their houses in Delhi at about 2.15 p.m. and was immediately taken to the Court of Chief Judicial Magistrate, Saket, Delhi, who granted two da
