Bombay HC adjourns hearing of plea to quash portions of FIR against Deshmukh
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Former Maharashtra Home Minister’s petition sought to quash portions of the FIR that pertain to reinstating suspended assistant police inspector Sachin Vaze
The Bombay High Court on Wednesday adjourned to June 8 the hearing of a plea filed by the Maharashtra authorities to quash portions of the First Information Report (FIR) filed by the Central Bureau of Investigation (CBI) against former State Home Minister Anil Deshmukh.
A Division Bench of justices S.J. Kathawalla and S.P. Tavade presided over the matter on a courtroom vacation. The FIR was filed after a preliminary inquiry was performed against Mr. Deshmukh by the CBI as directed by one other Bench of the High Court.
The petition filed by the Additional Chief Secretary of the Home Department is in search of to quash portions within the FIR that pertain to reinstating suspended assistant police inspector Sachin Vaze and the switch of different cops. It can also be alleged within the plea that the FIR was an try to destabilise the Maha Vikas Aghadi authorities.
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On Wednesday, senior advocate S.V. Raju representing the CBI submitted a be aware to the Bench requesting for a similar to be heard by the identical Bench that directed the company to conduct an inquiry against Mr. Deshmukh.
On April 5, one other Bench had directed the CBI to conduct a preliminary inquiry into the letter written by former Police Commissioner Param Bir Singh making allegations against Mr. Deshmukh. Soon thereafter on April 21, the FIR was registered against Mr. Deshmukh beneath Sections 120 B (felony conspiracy) of the Indian Penal Code and Section 7 (public servant taking gratification apart from authorized remuneration in respect of an official Act) of the Prevention of Corruption Act.
The case might be heard by a Division Bench of Chief Justice Dipankar Datta and justice G.S. Kulkarni on June 8.
The petition states, “The subject of transfer and posting of officials cannot form a part of the investigation in the FIR. The transfer of officials and reinstatement of Mr. Vaze are aspects which would fall within the administrative domain of the State and its officers and as such the FIR would not prima facie disclose any criminality.”
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