Bombay HC Refuses to Quash FIR Against AIMIM’s Ex-MLA Faruk Shah Over Illegal Construction of Square Named After Tipu Sultan

The Bombay High Court on Monday, June 30, refused to quash the First Information Report (FIR) filed against All India Majlis-e-Ittehadul Muslimeen (AIMIM) leader and former Dhule MLA Farukh Shah for allegedly constructing a raised platform named ‘Tipu Sultan Chowk’ without obtaining permission and allegedly misusing government funds.

In doing so, a Division Bench of Justice Vibha Kankanwadi and Justice Sanjay A. Deshmukh said, "All the persons, including those attached to political parties, are required to obtain construction permission under the local bylaws of the local municipal authority."

Further, the High Court pointed out that the applicant, at one place, is supporting the act of naming the square after Tipu Sultan, and in another place, he is claiming innocence.

In view of this, the Court observed, "Both these acts cannot go together. When the investigation is still going on and from the report of the police it appears that there is some evidence, whether it is connected with the applicant or not would be a different question, but in the said circumstances it cannot be said that this is a fit case where we should exercise our powers under Section 482 of the Code of Criminal Procedure."

The High Court was dealing with a plea moved by the petitioner seeking quashing of the FIR registered with Chalisgaon Road Police Station, Dhule on June 19, 2023.

The FIR was registered against Farukh Shah for offences punishable under Sections 153-A, 295-A, 504, 505(1), 506, 124(A), 120-B, 404 read with Section 34 of the Indian Penal Code, and Sections 3 and 4 of the Maharashtra Prevention of Defacement of Property Act, 1995.

The informant, Rohit Bhanudas Chandole, a social worker, in his complaint alleged that Shah’s act ignited communal tension and was politically motivated.

Appearing for Shah, Advocate S.S. Kazi contended that the FIR was filed with mala fide intent due to political rivalry. He further argued that naming a public spot after Tipu Sultan, who was a freedom fighter, does not constitute a criminal act.

Rejecting the claims, the Court clarified that a public square (chowk), road, or place cannot be named by the MLA on his own.

It added that the same requires going through a formal municipal procedure involving a proposal before the general body: "There is a procedure under the Maharashtra Municipalities Act as well as the Maharashtra Municipal Corporations Act, wherein the proposal is required to be tabled before the concerned authority i.e., the general body meeting of the elected members, and then after consensus, such place would be named accordingly."

Accordingly, the court rejected the present petition.

Case Title: Farukh Shah versus State of Maharashtra

Read order here: