Nitesh, who is also chief of the NGO called Swabhiman Sanghatna, sought the quashing of the FIR lodged in 2011, on the ground that he had 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 the CBI after the Bombay High Court transferred the probe to the agency in March 2011, after inexplicable circumstances which created doubts about the probe were observed.
However, in March 2012, the CBI filed a closure report before a magistrate's court, stating that there was no evidence or eyewitnesses to prove the case against Nitesh.
After Shaikh challenged the CBI's closure report in August 2013, the magistrate court rejected the CBI's report and directed the agency to re-investigate the case.
"In a recent judgement, the Supreme Court said that even serious offences like attempt to murder charges can be quashed if a settlement has been arrived at between the parties. The case was a fallout of political rivalry and nothing more," Nitesh's counsel Mahesh Jethmalani argued.
A division bench comprising Justices N H Patil and Anuja Prabhudesai directed the CBI to file a reply, posting the petition for hearing after two weeks.
On September 23, 2010, Shaikh had filed a complaint with the Powai police, alleging that Nitesh, who was upset that day for some reason, had shot at him twice at NGO's Khar office.
Shaikh had also alleged that a bullet grazed his cheek, causing an injury.
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