The Chief Judicial Magistrate (CJM) of Raigad-Alibag has recently discharged Union Minister and BJP leader Narayan Rane in a case regarding to his controversial comment against the then CM Uddhav Thackeray in 2021.
“He made an unparliamentary remark against the then Chief Minister of the State, and as an influential figure in the political arena and with long standing experience in politics, very well knew the outcome of the said word and what would happen in society thereafter,” the CJM stated.
In a case involving Rane, CJM SW Ugale discharged him, stating that the accusations against him were “groundless.”
“Even if taken at face value, the materials and documents on record do not reveal the existence of all the ingredients constituting the alleged offences. As a result, the charges against the accused are found groundless,” the CJM stated.
During his Jan Aashirwad Yatra in Raigad in August 2021, Rane had stated he would have slapped Uddhav Thackeray, alleging that the then CM forgot the year of independence during his Independence Day speech. Several FIRs were filed against Rane in different locations for his remarks.
Judicial Magistrate First Class issued process in the present case registered at Mahad under sections 153A(1-b) (promoting enmity between different groups on grounds of religion, race, place of birth, residence, language, etc., and doing acts prejudicial to the maintenance of harmony), 506 (criminal intimidation), 504(2) (intentional insult to provoke breach of public peace), and 505 (statements conducive to public mischief) of the IPC.
Rane moved an application seeking discharge in the lawsuit.
According to the CJM, Rane was aware of the consequences of his remarks.
“He is expected to understand and perceive the meaning of the words he spoke. So, whatever remark the accused made, it was made not only with knowledge but also with intent, and that knowledge and intention can be gleaned from the words he uttered in relation to the then Chief Minister of the State and the surrounding circumstances,” CJM stated.
The CJM, on the other hand, observed that Rane made no mention of any community in his statement, and the informant was not an aggrieved party.
The CJM stated that Rane’s remark lacks a targeted and non-targeted group, and thus fundamental ingredients of sections 153A and 505(2) IPC are missing.
“Whatever is found in the chargesheet and documents submitted with it shall be considered on its face value without stretching the imagination. As a result, there is no targeted or non-targeted group or society in the accused’s words. The very basic requirement to attract the offences punishable under sections 153A and 505(2) of the IPC is missing,” the Court stated.
Concerning the charge of criminal intimidation, the CJM stated that the claimed threat “if it were me, I would have slapped him” is not a concrete or immediate threat sufficient to constitute criminal intimidation. Section 506 does not apply to threats in the shape of if and then, the CJM added.
As a result, the charges against Rane were dismissed, the court stated.
