SC stays Bombay HC order directing FIR against Dhananjay Munde

The Supreme Court on Friday stayed a Bombay High Court order directing registration of a case against Maharashtra MLA Dhananjay Munde in an alleged case of illegal purchase of government land.

A vacation bench of the top court comprising Justices Ajay Rastogi and Surya also issued notices to the Maharashtra government and the complainant in the case.

During the hearing, the apex court bench said High Courts cannot pass such orders in disregard of Code of Criminal Procedure (CrPC), adding that Article 226 is not a 'Ram Baan' (panacea).

"There is a system under CrPC. Where is the power for High Court under Article 226 and direct registration of FIR. Article 226 doesn't mean 'Ram Baan'. What's the exceptional feature that High Court ordered registration of FIR?" asked the top court from Maharashtra.

Maharashtra government told the court that allegations against Munde were very serious, a preliminary enquiry was conducted and FIR has been registered against him.

In his plea, the NPC leader has sought a stay on the High Court order that directed the police to file a case against him for alleged grabbing of government land at village Pus, Taluka Ambajogai, Beed district.

The Bombay High Court had on Tuesday directed the police to register the FIR against Munde, opposition leader of the Maharashtra Legislative Council, on the basis of a complaint made by one Rajabhau Phad on October 23 in 2017 at Bardapur police station.

The public prosecutor had told the High Court that after making some inquiry, the police realised that the government land was being grabbed by creating false revenue record and by showing some transactions.