Bombay High Court’s Nagpur bench has dismissed charges against ex-Maharashtra MLC Sagar Meghe from the 2014 Lok Sabha elections, citing improper application of sections. Advocates argued the charges didn’t align with facts, leading to their dismissal.
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Nagpur, February 17, 2024 : The Nagpur bench of the Bombay High Court has dismissed the chargesheet filed against former Maharashtra MLC Sagar Meghe in connection with a case registered during the 2014 Lok Sabha elections. The bench, consisting of Justices Vinay Joshi and Vrushali Joshi, emphasized the importance of careful consideration before filing chargesheets, stating that “uncalled-for” police reports contribute to a futile exercise in the courts.
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The case against Sagar Meghe dates back to the 2014 elections when he was a candidate for the Wardha Lok Sabha seat on a Congress ticket. The charges stemmed from an incident where a vehicle, allegedly used for Meghe’s campaign, was intercepted by the police. Found within were Rs 4.75 lakh, two bottles of liquor, and election materials, leading to a chargesheet filed at the Dattapur Police Station in Amravati district. Meghe, along with others, faced accusations under Section 123 (Corrupt Practices) of the Representation of Peoples Act, and Sections 171-H (Illegal payments in connection with an election) and 188 (Disobedience to order duly promulgated by a public servant) of the Indian Penal Code (IPC).
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Justices Vinay Joshi and Vrushali Joshi criticized the hasty and unverified filing of chargesheets by the police, stating-
“The consequence of filing chargesheets are many folds. The person named as an accused is required to obtain bail, attend court and face prosecution. Moreover, uncalled police reports would increase the docket, which is ultimately a futile exercise in the courts of law. We expect that the police shall take proper care before filing chargesheets, to verify and only on satisfaction file it in the courts of law.”
The court’s dismissal of the chargesheet against Meghe was underpinned by critical legal analysis. Advocates SV Manohar and Shantanu Khedkar, representing Meghe, argued that the sections invoked did not align with the facts of the case. The bench concurred, noting that Section 171-H typically applies to agents acting without a candidate’s authority, yet it was inappropriately applied to Meghe himself.
Furthermore, for an offence under Section 188 to be considered, there must be a clear act of disobedience against a promulgated order by a public servant, which was not the case here.
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The judgment underscored a significant legal principle:
“The sections invoked by the police do not apply at all. A little amount of care would have prompted verifying authority to arrive at the conclusion that there exists no material in support of the charges levelled. In that case, the police would not have filed a chargesheet in court.”
Sagar Meghe, relieved by the court’s decision, can now move forward without the burden of the charges that have been dismissed based on careful scrutiny by the Nagpur bench of the Bombay High Court.
