ANAND TELTUMBDE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The Petitioner has preferred this Writ Petition for quashing and setting aside the proceedings in connection with the FIR dated 08/01/2018 registered with Vishrambaug Police Station, Pune, vide C.R.No.4 of 2018. By the second prayer, the Petitioner has prayed for issuance of directions to the investigating agency not to take coercive steps against him in respect of the said FIR.

(2.) The FIR was lodged on 08/01/2018 at Vishrambaug Police Station for the offences punishable under Sections 153A, 505(1)(b), and 117 read with 34 of the Indian Penal Code (for short, 'IPC'). The FIR was lodged by one Tushar Damgude. According to him, he was in the business of construction. Through a social networking site, he came to know that, there was a programme at Shanivarwada on 31/12/2017 organized by Elgar Parishad. He attended the said programme/public meeting at around 2.00 p.m,. on 31/12/2017. It is mentioned in the FIR that, there were a few speakers, comperes, singers and other performers present on the stage. The first informant has stated in his FIR that, some of the performers enacted short plays, dances and songs which were provocative in nature and had effect of creating communal disharmony. He has further mentioned in the FIR that a few objectionable books and other literature were kept at the venue for sale. It was the contention of the first informant in his FIR that, a banned organization CPI (Maoist) was inciting violence. According to the first informant, members of Kabir Kala Manch spread such hatred through their songs, plays and speeches causing enmity between different communities. As a result, there was an incident of violence, arson and stone-pelting near Bhima-Koregaon causing loss of lives and public money. Accordingly, the first informant lodged his FIR with Vishrambaug Police Station naming 6 members of Kabir Kala Manch.

(3.) The events occurring on 01/01/2018 at Bhima-Koregaon had wide repercussions throughout the State of Maharashtra and law and order was affected at many places. The FIR itself was registered on 08/01/2018 and the investigation was conducted. Out of 6 persons named in the FIR, one Sudhir Dhawale was arrested on 06/06/2018. Initial investigation was carried out by PI Marathe and PI Shinde of Vishrambaug Police Station till 24/01/2018. Thereafter, the investigation was taken over by ACP Shivaji Pawar, Swargate Division, Pune City. The scope of investigation was expanded, as new material started surfacing. The investigation revealed deep rooted conspiracy to create communal disharmony. Section 120B was added on 06/03/2018. Few more names surfaced as accused during investigation. Search was conducted on 17/04/2018 on the premises of accused namely Rona Wilson - resident of Delhi, Surendra Gadling - resident of Nagpur, Sudhir Dhawale and Harshali Potdar - residents of Mumbai, Sagar Gorakhe, Dipak Dhengale Ramesh Gaychor and Jyoti Jagtap - residents of Pune. The seized items were sent to Forensic Science Laboratory (for short, 'FSL'). The clone copies of the electronic material were sent by the FSL to the investigating agency for further investigation.