The fued in Mafatlal family has taken a new turn with Ajay Mafatlal moving the Bombay High Court to quash FIR filed against him and cousin Shailaja Parekh for threatening brother Atulya and sister-in-law Sheetal.
After the demise of Yogendra Mafatlal in January 2005, the owner of Mafatlal Industries, his siblings, Ajay and Atulya, are locked in a property dispute.
When the matter came up for hearing yesterday, Justice S C Dharmadhikari inquired how an FIR could be lodged in a case in which offences were non-cognizable.
The court has asked the government pleader Shahji Shinde to ensure that investigating officer remained personally present during arguments on Wednesday.
On December 26, 2007, Atulya and wife Sheetal had lodged a complaint with Gamdevi police alleging that Ajay and Shailaja were threatening them.
Based on their complaint, police filed an FIR under section 504 (intentional insult with intent to provoke breach of peace) and 506 II (criminal intimidation) of IPC.
Ajay had secured anticipatory bail but later he withdrew it as the offences were bailable. The police did not arrest him but filed a chargesheet before Girgaum Magistrate who took cognizance of offences. Ajay was arrested and granted bail.
Ajay's counsel Sayaji Nangre argued in the High Court that these offences were non cognizable and the police could not have filed the FIR. Besides there was no material against Ajay in the chargesheet. He urged the court to quash the FIR.
Nangre argued that police could not investigate into a non-cognizable offence till they seek permission from the Magistrate which they have not done in this case.
The court may pass order tomorrow and has asked the investigating officer to remain present.
