Ajay Mafatlal (52), son of the late Yogindra Mafatlal of Mafatlal Industries, got a breather on Wednesday.
Justice SC Dharmadhikari quashed the first information report (FIR) lodged against him and his cousin Shailaja Parekh for allegedly threatening and intimidating his brother Atulya and sister-in-law Sheetal on December 26, 2007.
Atulya and Ajay are lodged in a property dispute since their father’s death in January 2005.
Justice Dharmadhikari asked: “Criminal Procedure Code says both are non-cognisable offences. How did you make this into an FIR?”
Quashing the FIR, he added: “The complainants (Atulya and Sheetal) can take steps as per the law if they are aggrieved.”
Sayaji Nangre, counsel for Ajay and Parekh, argued that the police could not have lodged the FIR. “Their investigation in the case based on the FIR is illegal and so is filing of the charge sheet,” said Nangre.
Also, the police cannot investigate into a non-cognisable offence until they seek permission from the magistrate.