JUDGMENT

Prakash D. Naik, J. - Heard both sides for final disposal. The petitioner has preferred this petition by invoking Article 227 of the Constitution of India as well as inherent powers of this Court under section 482 of Code of Criminal Procedure, 1973. The petitioner has challenged the order dated 21st January, 2014 passed by Sessions Judge, Thane rejecting the application for discharge.

2. The prosecution case is as follows :-

On 9th February 2013, the birthday of MLA and District incharge Shiv Sena Shri. Eknath Shinde was being celebrated and as a part of celebration cricket match was arranged. To offer birthday wishes, the party had displayed a banner on 1st February, 2013 at Vartak Nagar Naka near office of Congress Party. The accused is the Corporator of Congress Party. The complainant was informed by his brother on phone that the banner which was displayed at the aforesaid place has been removed by some persons, and on receiving the said information the complainant visited the said place. He was accompanied by his friend Jagdish Parmar. The complainant asked the persons accompanying him to display the banner again on the hoarding stand. At that time the accused and his