A division bench of Justices N H Patil and Anujha Prabhudessai was hearing a petition filed by Nitesh seeking quashing of the FIR lodged in 2011 on the ground that he has arrived at a settlement with the complainant Shaikh.
An FIR under section 307 (attempt to murder) and various other sections of the Indian Penal Code was registered against Nitesh by CBI after the Bombay High Court transferred probe into the case to CBI in March 2011 after observing that there were inexplicable circumstances which created doubts about the manner of probe.
However, in March 2012, CBI filed a closure report before a magistrate's court stating that there was no evidence or eyewitnesses to prove the case against Nitesh. Shaikh challenged this report and in August 2013, the magistrate court rejected CBI's closure report and asked the agency to re-investigate the case.
CBI counsel Rebbeca Gonsalves informed the court today that the agency was going to file a second closure report before the magistrate in a week's time. She appealed the court to dismiss Nitesh's petition as the last time when CBI had filed the closure report, the complainant had raised an objection following which the agency continued its probe.
Gonsalves said now the parties have reached at a monetary settlement but the agency has spent two years investigating the case.
Nitesh's counsel Mahesh Jethmalani argued that the case was a fall out of political rivalry.
The High Court today posted the matter for further hearing on June 10 and issued notice to Shaikh.
Shaikh had filed a complaint with Powai police on September 23, 2010, alleging that Nitesh, who was upset that day for some reason, had shot at him twice at the NGO's Khar office. Shaikh had alleged that a bullet grazed his cheek, causing an injury.
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