The Bombay High Court in its detailed order quashing a case against actor Salman Khan and his bodyguard noted that the Judicial process should not be used as an instrument for harassing a celebrity to satisfy the vendetta of a complainant.
The Court said that words which are said in despair or a gesture, do not attract Section 504 till the time they are actually intended for insulting or which would break the public peace or result in commission of any offence.
The complaint was filed by Journalist Ashok Pandey before the Magistrate where he had alleged Khan snatched his mobile phone while cycling on a Mumbai-street when some media persons started clicking his photos and threatened him of consequences.
A Magistrate had ordered a police investigation under Section 202 of the CrPC and had issued summon to the actor.
Justice Bharati Dangre said that judicial process need not be a means for needless harassment as the accused is a well-known celebrity by someone who assumes that he was insulted by the cine star.
Justice Dangre found that the order by Magistrate had two problems; firstly, they were incorrect invocation of Sections 504 (intentional insult) and 506 (criminal intimidation) of IPC as the complaint was done later.
Secondly, the Magistrate failed to follow the procedural mandate, before taking cognizance of the complaint, which requires the complainant to be examined.
As per the journalist Section 504 of the IPC should be applied as the actor was informed that he was a journalist, however the actor refused to acknowledge and said that it does not matter.
The judge observed said te words if said in despair h or a gesture, howsoever frightful, by itself cannot attract Section 504 unless it exhibit an intentional insult and provide a cause for provocation,
The judge also said that Section 506 of the IPC was inapplicable as there was no threat given to the complainant.
Talking in the legal terms, the judge said that the procedural lapses cannot be noted unless the complainant was examined under Section 200 of CrPC, the Magistrate could not have exercised the power under Sections 202, 203 or 204 (issuing process).
Senior Advocate Aabad Ponda who represented the actor, argued that Salman Khan only asked his bodyguard to stop Pandey from taking any pictures.
The counsel argued that on April 24,the complaint was sent to the police in which Pandey alleged that his phone was snatched. However, in the criminal complaint to the Magistrate, there were several improvements.
Earlier, Justice Revati Mohite Dere had stayed the summons citing improvements in the complainant’s statement. She said that being a journalist, the complainant wouldn’t have kept quiet and all his allegations would have reflected in the first complaint itself.