HC refuses to quash case against former MNS leader in assault case

As per the police, advocate Durgesh R. Gupta was attacked outside the court by three men, including the MNS leader

Mumbai: The Bombay High Court on Tuesday refused to quash criminal proceedings against former Maharashtra Navnirman Sena (MNS) leader Akhil Chitre, who joined Shiv Sena (UBT) last year, for allegedly assaulting an advocate who had secured a stay order against an MNS-led protest demanding the use of Marathi by Amazon Transportation Pvt Ltd.

Former Maharashtra Navnirman Sena (MNS) leader Akhil Chitre, who joined Shiv Sena (UBT) last year.

According to the prosecution, the case dates back to October 2020, when MNS workers pressured the firm to adopt Marathi for communications in their daily operations. After the company sought an order from a Dindoshi civil court, a temporary stay was granted on October 22, 2020, restraining MNS members from entering the firm’s premises.

As per the police, advocate Durgesh R. Gupta, representing Amazon, was attacked outside the court the same day by three men, including Chitre. Following this, a case was registered against the accused under Sections 341 (wrongful restraint), 323 (voluntarily causing hurt), 504 (intentional insult), 506 (criminal intimidation) and 34 (common intention) of the Bharatiya Nyaya Sanhita.

Advocate Tapan Thattet, Chitre’s counsel, argued that Chitre was not involved in the assault, for which the additional public prosecutor Vinod Chate cited CCTV footage and pointed out at various offences registered against him at Bandra, Kherwadi, Nirmal Nagar, Vakola, N. M. Joshi Marg and Dindoshi Police stations, calling him a “history-sheeter”, and opposed Chitre’s plea.

Dismissing Chitre’s plea, a division bench of Justices A.S. Gadkari and Ranjitsinha Raje Bhonsale said that a prima facie case existed against him. Adding that the high court is not required to conduct a “mini trial or get into the nitty-gritties of the evidence”. The judges further said the trial court was the appropriate forum for Chitre to seek bail.

Chitre’s counsel also requested the court to extend the interim relief granted to him since 2021, by four more weeks to enable him to test the correctness of this judgment before the Supreme Court, which the bench refused, noting the prolonged pendency of the petition and the need to complete the investigation.