Bombay HC Quashes 2019 case in opposition to Salman Khan

The Bombay HC whereas quashing prison proceedings in opposition to Salman Khan and his bodyguard noticed that, “ judicial course of needn’t be a method of harassment merely as a result of the accused is a celeb”.

Background

A grievance was filed by journalist Ashok Pandey alleging that whereas Salman Khan was on his bicycle trip in 2019, he alongside together with his cameraperson has tried to movie him driving and had additionally taken permission from Salman Khan’s bodyguard Mohd. Nawaz Iqbal Shaikh. 

Nevertheless, whereas they had been filming, Salman Khan and his bodyguard allegedly intimidated them and manhandled them. Therefore, they approached the D N Nagar Police Station to file a grievance and when the police there refused to file a grievance, they made a personal grievance earlier than the Justice of the Peace, in search of a prison motion in opposition to Salman Khan and Shaikh. 

Final 12 months, in 2022, the Andheri Justice of the Peace presided by Justice of the Peace R R Khan issued a summons based mostly merely on the report submitted by the police stating that the offences beneath Part 504 of the Indian Penal Code (intentional insult with an intent to impress breach of peace) and Part 506 of the Indian Penal Code (prison intimidation) are made out in opposition to the accused. 

Aggrieved by the summons order, Salman Khan  moved to Bombay HC to remain the summons order and quash the proceedings in opposition to them. Order of summons was stayed by the Bombay HC on April 5, 2022. Salman Khan submitted that he didn’t say something to the complainant in the course of the incident.

Order of the Bombay HC

An in depth order was made accessible on Tuesday. The Bombay Excessive Court docket (HC) presided by Justice Bharati H Dangre, in its order, raised issues concerning the method adopted by the Metropolitan Justice of the Peace whereas issuing the summons. The HC discovered {that a} correct process for issuance of summons i.e.; inspecting the complainant over his statements was not adopted by the Justice of the Peace earlier than issuing the summons. The HC went on to notice that, the Justice of the Peace, as a substitute of inspecting the complainant merely relied on the police report and issued summons whereas framing prices for S.504 and S.506 of the IPC. 

The Bombay HC in its order stated that Judicial course of shouldn’t be used as a method of harassment merely as a result of the accused is a celeb. The equipment of regulation shouldn’t be stated in movement to fulfill the private vendetta of the complainant based mostly on his private presumption that he was insulted by the cinestar.

The HC notes that correct adherence to the process of regulation should be there, the Metropolitan Justice of the Peace ought to have adopted the process correctly and will have recorded the assertion of the complainant as a way to confirm his allegations. Solely when the Justice of the Peace is happy that there’s a match case to proceed after inspecting the grievance that he ought to have issued the summons. The Justice of the Peace mustn’t have surpassed the process, “it suffers from severe infraction of process”, the Court docket stated.

It was noticed by the HC in its order that it looks as if a match case the place the place ‘issuance of course of in opposition to the candidates i.e.; Salman Khan and Shaikh; and continuations of proceedings in nothing however a brief abuse of course of. 

The Bombay HC added that the equipment was set in movement by the complainant to fulfill his private vendetta. Therefore, whereas noting that it’s applicable and in step with substantial justice, the HC allowed the functions filed by Salman Khan and his Bodyguard Shaikh and quashed the proceedings and course of issued by the decrease court docket, whereas additionally stating that continuation of any motion in opposition to the candidates on these info would end in grave injustice.