Court Orders to Register FIR Against MLA Jitendra Awhad

FIR Against MLA Jitendra Awhad

Unmesh Gujarathi
Sptouts Exclusive

In a significant development, Thane Magistrate Court has directed Bhayandar Police Station to file a First Information Report (FIR) against Nationalist Congress Party (NCP) MLA Jitendra Awhad under IPC Sections 153A and 505(2). This decision comes after Advocate Khush Khandelwal filed a criminal application against Awhad, accusing him of making inflammatory statements that could incite hatred between communities.

The case traces back to a controversial statement made by Awhad in 2018, during an investigation by the Mumbai ATS in the arrest of Vaibhav Raut, a member of a Hindu group, and the seizure of explosives from Nalasopara. Awhad, without any proof, claimed that Raut was allegedly planning to carry out a bombing during the Maratha Morcha rally. However, the ATS did not make any such claim in its investigation or charge sheet.

Also Read: विधायक  Jitendra Awhad के खिलाफ नफरत फैलाने के मामले में कोर्ट ने FIR दर्ज करने का दिया आदेश.

In August 2018, the Mumbai ATS arrested Raut and seized domestic bombs. During the investigation, Awhad released a video where he alleged that Raut was planning a bombing at the Maratha Morcha. This statement was made despite no evidence to support his claim, and Awhad’s comments were seen as an attempt to create disharmony between communities. At the time, the BJP government was in power in Maharashtra.

Advocate Khush Khandelwal filed a complaint with Bhayandar Police Station, urging them to register a case against Awhad under IPC Sections 153(A) and 505(2), accusing him of spreading hatred between communities. However, the police did not register an FIR based on this complaint. Following this, Khandelwal moved the case to the Judicial Magistrate Court in Thane.

In a 2019 ruling, the then Magistrate noted that Awhad’s statements prima facie constituted an offense under IPC Sections 153(A) and 505(2), but refused to direct the registration of an FIR based on jurisdiction issues. Khandelwal then challenged this decision in the Bombay High Court. In September 2024, the High Court ruled in favor of Khandelwal, dismissing the Magistrate’s order and directing a fresh hearing on the issue.

Following this direction, the Thane Magistrate Court has now instructed the Bhayandar Police to register an FIR against Awhad and initiate an investigation under the specified sections of the IPC.