The Bombay High Court continued on Wednesday the investigation into a fight that broke out during the Maharashtra Assembly session Between supporters of BJP MLA GopiCand Padalkar and the NCP faction led by Sharad Pawar, in which the former Minister of the Jitendra Awhad cabinet was involved.
A bank of supreme judge Shree Chandrashhekhar and Justice Gautam a Ankhad has ordered the investigation officer not to continue with the probe to the case that was registered at the Marine Drive police station on July 18 until the written petition has been removed.
The order came during the hearing of a plea submitted by Nitin Hindurao Desshmukh, a member of the NCP Factation, who was arrested in the case and later granted a guarantee July 21 by a Magistraathof.
Lawyer Rahul Arote, who appeared before Dshmukh, argued that the charges were unfounded and politically motivated and was looking for an interim residence in the investigation.
The petition of Dshmukh claimed that the FIR was infected with Malafides and was submitted with an outdoor intention. It argued that the allegations only stated that he was involved in an argument and by man -in -handed police officers who intervened, but no mention was made of mistreatment or obstruction of duty that would justify charges on the basis of section 132 of the Bharatiya Nyaya Sanhita (BNS), who deals with an attack of an attack of an attack of an attack of an attack of an attack of an attack of an attack of an attack of an attack of an attack of an attack of an attack of an attack of an attack of an attack of an attack of an attack of an attack of an attack of an attack of an appetite).
The plea further argued that sections with regard to illegal meeting, waste and criminal strength against an official were also not applicable. It claimed that there was no evidence of an illegal meeting with a common object, no physical fight between groups, and only a commotion with Verbal quarrels during the agitation.
It also pointed out that Dshmukh had entered the high -protected Vidhan Bhavan with a valid access pass, which undermined the claim that he was planning to hinder or mistreat officials.
The High Court will hear the case following November 12.
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