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Synopsis

A Division Bench of the Bombay High Court comprising Justice Revati Mohite Dere and Justice Shriram Madhusudan Modak, on Friday, allowed BJP Leader Kirit Somaiya to file a supplementary statement with the Police, in a case where allegedly a false FIR was filed by the Mumbai Police.

The court questioned the advocate for the BJP leader that:

"First you file FIR, then you plead to quash the FIR, then you file the second FIR. There is so much delay and then you will call it politically motivated. What will you do after the FIR is quashed?"

The advocate informed the court that he will avail his remedy by lodging an FIR against the Sena workers.

Additional Public Prosecutor informed the court that a supplementary statement can be filed in the same FIR.

During the hearing when the advocate for the BJP leader raised his voice, the court told the advocate that

"You need not raise your voice if your case is good. Don't try to intimidate us. It's not like we will be intimidated but we just don't like advocates raising voices. Sometimes the voice of advocate raises depending on the client they represent and they get charged up"

The court then directed the Senior Officer to record the supplementary statement of the BJP leader and disposed of the writ petition.

Advocate for the BJP leader apologised to the court and said,

"I am not trying to intimidate your lordships. No one can intimidate your lordships. The Additional Public Prosecutor is making an incorrect statement. Your lordships may not hold it against me".

The BJP leader has filed a writ petition for quashing his own FIR because allegedly his statement was wrongly recorded by the police at the behest of the party, Shiv Sena. 

The plea stated that the registered FIR was fake and manipulative. He stated that after he narrated the incident to the police, a wrongly recorded FIR was uploaded without his signature in order to protect the party workers of the ruling government. He stated that the Sena workers had tried to kill him by attacking him and demanded action under Sections 467, 465, 466, 471, 167, 217, 218, and 120B. The BJP leader had also prayed for a CBI inquiry, a court-monitored inquiry, and a departmental inquiry against the officer who had manipulated the FIR. 

Kirit Somaiya was allegedly attacked by the Sena workers when the BJP leader went to meet MP Navneet Rana and MLA Ravi Rana when they were arrested in the Hanuman Chalisa case. 

Case Title: Kirit Somaiya vs. The State of Maharashtra