The High Court of Bombay on Thursday disposed of a private complaint filed against actor Salman Khan filed by a journalist in 2019 alleging criminal intimidation.
The Single-Judge Bench of Justice Revati Mohite Dere quashed the private complaint filed by journalist Ashok Pandey, which alleged that on April 24, 2019, Salman had snatched his mobile phone while cycling on a Mumbai street when some media persons started clicking his photos. The actor argued with him and also threatened him, the journalist alleged.
Justice Bharati Dangre asked Advocate Fazil Hussein, appearing for the journalist, whether the due procedure was followed before the process was issued. She said the petitioner had claimed that force was used, but for what reasons, was not specified in the complaint.
The actor had moved the High Court against the summoning order passed by Metropolitan Magistrate at Andheri R.R. Khan in April last year. The MM Court had ordered a police investigation under Section 202 of the CrPC and subsequently issued process and summons, under Section 204 of the CrPC. The court further sought a report from DN Nagar police station where the complaint was filed.
Based on the ‘positive’ police report filed under Section 202 of the Criminal Procedure Code (CrPC) and other material, the Magistrate found there was sufficient ground to proceed against Khan.
The Metropolitan Magistrate further observed that offences under Section 504 (intentional insult with intent to provoke breach of peace), 506 (criminal intimidation) of the Indian Penal Code had been made out against the accused and summoned him to personally remain present in court.
The Bollywood actor, along with his bodyguard Nawaz Shaikh, also an accused in the case, had challenged this order before the High Court, which stayed the summons on the basis of improvements in the complainant’s statement.
Salman further sought quashing of the complaint against him.
Justice Dangre had observed that being a journalist, the complainant would not have kept quiet and all his allegations would have reflected in the first complaint itself.
Senior Advocate Aabad Ponda, appearing for the actor before the High Court, argued that Salman only asked his bodyguard to stop Pandey from taking any pictures.
He further said that on April 24, 2019 itself, a 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.
Ponda pointed out that a common link between an offence under Section 504 and 506 of the IPC was a threat, which included consequences. The Senior Counsel added that abuses could not be considered as threats.
He further contended that verification under Section 200, which was a prerequisite to issuance of process, was not done in this case.
The Advocate representing Pandey said that an affidavit was given by the complainant to the court, which showed that there was sufficient compliance under Section 202 of CrPC. Further, the offence was made out and no respectable person should be treating others this way like snatching a phone, he noted.
The High Court then told the Counsel that he should let people have their privacy. Regarding improvements in the statement, the High Court pointed out that the Counsel had forgotten that Salman had assaulted the petitioner.
The lawyer representing the journalist said no one was above the law. Justice Dangre then said that neither the petitioner,m nor his Counsel were above the law. Even press persons were not above the law, she added.
Advocate Hussein responded that the complainant was traumatised and hence, there was omission on his part in mentioning the actor’s name.
Ponda, along with with Advocates Agasthya Desai and Vikram Sutaria, were briefed by a team from DSK Legal, including managing partner Anand Desai and partners Chandrima Mitra and Parag Khandhar.