The Aurangabad bench of the Bombay High Court has dismissed a petition filed by former AIMIM MLA from Dhule, Faruk Shah, seeking to quash an FIR registered against him over the erection of a statue of Tipu Sultan at a public square in Dhule district, Maharashtra.

The FIR was filed in 2023 by lawyer and social worker Rohit Chandole under various sections of the Indian Penal Code, including 153-A for promoting enmity between groups and 295-A for outraging religious feelings.

According to the complaint, Shah had erected a platform at a public crossing and named it “Tipu Sultan Chowk” without obtaining prior permission from the municipal authorities. It was also alleged that Shah misused government funds and carried out the construction on public land by leveraging his political position. Following objections, the Dhule administration eventually demolished the platform.

Shah’s counsel, advocate SS Kazi, argued that the FIR was politically motivated and filed with mala fide intentions. He defended the act, saying Tipu Sultan was a renowned freedom fighter and naming a public space after him should not attract criminal prosecution.

However, Additional Public Prosecutor AR Kale contested the claim, asserting that the construction was illegal and carried out under the supervision of one of Shah’s relatives. Kale also stated that Shah had made derogatory comments on social media against historical figures like Vinayak Damodar Savarkar and Chhatrapati Shivaji Maharaj, and that the investigation was still underway.

The division bench of Justices Vibha Kankanwadi and Sanjay A Deshmukh ruled that regardless of political affiliation, individuals are required to obtain permission for any construction under the bylaws of the local municipal body.

The court observed that naming a public place, square, or road must follow the due process as outlined in the Maharashtra Municipalities Act and the Maharashtra Municipal Corporations Act, including approval from the general body of elected members.

The bench further pointed out contradictions in Shah’s petition. While at one point he defended the act of naming the square after Tipu Sultan, at another he claimed innocence. “Both these acts cannot go together,” the court remarked.

Refusing to intervene under Section 482 of the Code of Criminal Procedure, the bench said the case was not fit for quashing at this stage as the investigation was ongoing and preliminary evidence existed.

Section 482 CrPC allows High Courts to quash criminal proceedings when they are considered an abuse of process or lack substantial merit. In Shah’s case, however, the court found no justification to exercise such powers.

– Ends

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