Lt. Col Shrikant Prasad Purohit plea for discharge from the Malegaon case was denied by the Supreme Court | file photograph
| Photo Credit: PTI
The Supreme Court has junked a plea filed by Lieutenant Colonel Prasad Shrikant Purohit in search of discharge within the 2008 Malegaon blast case.
Mr. Purohit had moved the highest court docket difficult the January 2 order of the Bombay High Court rejecting his enchantment.
Mr. Purohit and 6 others, together with BJP MP Pragya Singh Thakur, are dealing with trial within the case. All the accused are presently out on bail.
A bench of Justices Hrishikesh Roy and Manoj Misra refused to intervene with the High Court order.
“The challenge here is to the order of the High Court whereby it was observed that sanction is not needed under Section 197(2) of the CrPC for the prosecution of the petitioner as his impugned conduct do not pertain to any of his official duties.
“Having noted the basis of the impugned judgment, we see no reason to interfere with the same and accordingly, the Special Leave Petition is not entertained,” the bench stated.
The high court docket, nonetheless, clarified that the trial court docket shouldn’t be influenced by observations within the High Court’s order.
Also learn: 14 years on, 194 witnesses in Malegaon blasts case but to be examined
“The observation made in the impugned order for the purpose of examining the issue of sanction should not prejudice either the prosecution or the defence, in the proceedings before the trial court,” the bench stated.
Among different grounds for in search of discharge, Mr. Purohit had claimed lack of sanction beneath related provisions of the Code of Criminal Procedure (CrPC) to prosecute him.
On September 29, 2008, six individuals have been killed and greater than 100 injured when an explosive machine strapped to a motorbike went off close to a mosque in Malegaon, a communally delicate city in Maharashtra’s Nashik district.
According to the Maharashtra Police that performed an preliminary probe into the case, the bike to which the explosive was strapped was registered in Pragya Thakur’s title, which led to her arrest.
The National Investigation Agency later took over the probe into the case.
