Can Ashok Chavanís plea be heard post CBI chargesheet? HC

Bombay High Court Thursday asked if the application for quashing of the FIR filed against former chief minister Ashok Chavan in the Adarsh Housing Society scam can be considered by the court after the CBI has filed a chargesheet in the case.

"If the CBI has already filed a chargesheet, what remains in this petition?" a division bench of justices A S Oka and A P Bhangale asked.

In August last year, Chavan, one of the main accused in the scam, had moved HC seeking quashing of the FIR naming him in the scam. Chavan is facing charges under various sections of the IPC, including cheating and criminal conspiracy, and sections of Prevention of Corruption Act. The court has deferred hearing to March 15.

"The investigation and the FIR being ex-facie without jurisdiction are illegal, arbitrary, unreasonable, unjustified, unconstitutional and an infringement on the life and liberty of the applicant (Chavan) without following the due procedure of law," Chavan's application stated.

Chavan claimed "his inclusion in the FIR is part of a larger political controversy to keep (him) away from public affairs and politics."

Refuting allegations that he had included civilians as members of the society, Chavan had said Adarsh Housing Society had, in 1999, itself decided to induct civilians.

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