The Bombay High Court has overturned a 2019 order by the Judicial Magistrate of Thane that denied the filing of an FIR against NCP MLA Jitendra Awhad. The court has now directed a fresh hearing on the demand for the FIR.
This case stems from a criminal statement made by Jitendra Awhad in relation to a 2018 incident, during which the Anti-Terrorism Squad (ATS) arrested a man in Nalasopara for possessing homemade bombs. Awhad alleged, without evidence, that the arrested individual, Vaibhav Raut, was planning to bomb the Maratha Morcha.
Advocate Khush Khandelwal, the founder of the Hindu Task Force, filed a petition against Awhad, accusing him of attempting to incite hatred between communities through his statements. The police, however, did not register an FIR based on Khandelwal’s complaint, leading him to approach the 5th Judicial Magistrate Court in Thane.
On November 13, 2019, the magistrate acknowledged that Awhad’s statement constituted a cognizable offense under sections 153(A) and 505(2) of the IPC but refused to order an FIR on jurisdictional grounds. Dissatisfied, Khandelwal challenged this decision in the Bombay High Court, filing Criminal Petition No. 4476/2021.
On September 6, 2024, a division bench led by Justice Sarang Kotwal set aside the magistrate’s previous order, directing a fresh hearing and reconsideration of Khandelwal’s demand for an FIR against Awhad. This ruling reopens the possibility of legal action under sections 153(A) (promoting enmity between groups) and 505(2) (statements creating public mischief) of the Indian Penal Code.
