A non-cognisable case was registered on Friday against Shiv Sena MLA Sanjay Gaikwad and his supporter for assaulting a worker at the MLA hostel canteen in south Mumbai, police officials said.
The action, which came three days after the incident, followed a statement by Maharashtra Chief Minister Devendra Fadnavis that police need not wait for a formal complaint to initiate a probe.
A non-cognisable case is registered in minor offences. Police can not make arrest without a court warrant in such cases.
Meanwhile, Gaikwad on Friday issued a threat to All India Majlis-e-Ittehadul Muslimeen leader Imtiaz Jaleel, saying he would thrash the latter badly.
Jaleel also hit back at Gaikwad, saying he accepted the Sena MLA's challenge, and asked him to specify the place and time for their confrontation.
His remarks come after Jaleel criticised Gaikwad for attacking the canteen staffer.
A viral video showing Gaikwad and one of his supporters assaulting the worker at the Akashwani MLA hostel canteen for 'serving stale food' on Tuesday night created outrage across the state.
The two-time MLA from Buldhana was seen punching and slapping the canteen worker in the video.
Gaikwad, who belongs to the party headed by Maharashtra deputy Chief Minister Eknath Shinde, refused to express regret, though, and said he would repeat his action if needed.
Police had asked the victim if he wanted to lodge a complaint against the MLA, but he did not turn up, an official said.
A police official then lodged a complaint on behalf of the state at the Marine Drive police station against the MLA and his supporter after examining the video footage, he said.
A non-cognisable case was registered against the lawmaker and his supporter under various sections of the Bharatiya Nyaya Sanhita including 115 (2) (voluntarily causing hurt) and 3 (5) (common intention), the official said.
Earlier in the day, Chief Minister Devendra Fadnavis, who also handles the home portfolio, said there was no need for the police to wait for a formal complaint to initiate a probe into the incident.
The police should probe the case and if it is a cognisable offence, they will take appropriate action, he told reporters at the Vidhan Bhavan, the state legislature complex, amid the monsoon session.
Before that, Minister of State for Home Yogesh Kadam, who belongs to the Shiv Sena, had said police could not take action against Gaikwad as there was no complaint.
Gaikwad had ordered dinner from the hostel canteen and found the dal and rice delivered to his room 'stale and foul-smelling'.
He then stormed into the canteen to confront the manager.
The Maharashtra Food and Drug Administration (FDA) on Wednesday suspended the license of the caterer who operates the canteen, citing violations of food safety norms.
A video of the episode went viral, drawing widespread condemnation from the opposition as well as the government.
Former MP Jaleel of the AIMIM criticised Gaikwad, saying beating a poor person in such a way was not good.
When asked about Jaleel's remark, Gaikwad told reporters, "If this is so, then Jaleel bhai, you should take the contract of running that hotel (MLA hostel canteen) and then feed that kind of food. I thrashed that man (canteen worker) by punching him twice. But I will beat Imtiaz Jaleel so badly that he will not be in a position to run a hotel."
Reacting to Gaikwad's remark, the former AIMIM MP from Chhatrapati Sambhajinagar said, "I am in no mood to run a hotel. But if a poor man is working as a waiter and an MLA of the ruling party is beating him just because he did not get the right kind of food...Do they not know that rules are framed in the assembly (legislature)? Had Gaikwad been a bit educated, he would have written a letter to the (assembly) speaker (over the issue of food)."
"If the speaker takes him seriously, he would have acted on the demand," he added.
"Gaikwad has a history of fighting. If he is threatening me, then let me know that time and place. He doesn't need to make an effort, I will reach that place...I have nothing to do with Sanjay Gaikwad, but if you are doing wrong...then I will stand with the poor person," the AIMIM's state president said.
© 2025