HC stays until Could 5 summons issued to Salman Khan by Mumbai court docket on journalist’s plaint – Instances of India

In a double reduction for actor Salman Khan, the Bombay Excessive Courtroom on Tuesday stayed until Could 5 the method (summons) issued to him by a decrease court docket in reference to the alleged misbehaviour with a journalist in 2019 whereas a Justice of the Peace’s court docket exempted him from private look in the identical case until Could 9.

A civil court docket had final month issued course of (summons) to Salman and his bodyguard Nawaz Shaikh and directed them to look earlier than it on April 5.

On Tuesday, Salman’s attorneys filed an software earlier than the Justice of the Peace’s court docket searching for exemption from look. The Justice of the Peace’s court docket granted the exemption and posted the matter for listening to on Could 9.

Salman had approached the Bombay Excessive Courtroom difficult the method (summons) issued to him by the decrease court docket.

On Tuesday, a single bench of Justice Revati Mohite Dere directed the complainant (journalist Ashok Pandey) to file an affidavit in reply to the actor’s plea difficult the decrease court docket order issuing course of and searching for to quash the proceedings.

“The proceedings (within the decrease court docket) with regard to the applicant (Salman Khan) is stayed,” Justice Dere stated whereas posting the plea for additional listening to on Could 5.

Pandey had alleged that in April 2019, Salman and his bodyguard Nawaz Shaikj had abused and assaulted him for filming the actor whereas he was biking on the street.

Salman’s counsel Aabad Ponda on Tuesday advised the excessive court docket that there have been contradictions and improvisations in Pandey’s criticism letter to the police, despatched on April 24, 2019, when the alleged incident occurred, and the personal criticism filed by him earlier than the Justice of the Peace’s court docket in June 2019.

“Within the criticism letter to the police, there isn’t any allegation in opposition to the applicant (Salman). However within the personal criticism to the Justice of the Peace, there are improvisations and he (Pandey) says the applicant abused and assaulted him,” Ponda stated.

He acknowledged that Salman had not stated a phrase to Pandey. If the allegation is in opposition to Salman’s bodyguard then the proceedings might go on in opposition to him, Ponda stated.

Justice Dere then sought to know from advocate Ejaz Naqvi, who appeared for Pandey, why the allegations of assault weren’t talked about within the police criticism letter.

“You (Pandey) are a journalist. If somebody had assaulted you, you’d haven’t saved quiet. It will have mirrored within the criticism letter to the police,” Justice Dere stated.

Pandey had filed a non-public criticism earlier than the Justice of the Peace’s court docket searching for felony motion to be initiated in opposition to Salman Khan and Shaikh.

Metropolitan Justice of the Peace R R Khan had on March 23 issued course of to Salman and Shaikh after noting {that a} police report submitted within the matter acknowledged that offences beneath Indian Penal Code Sections 504 (intentional insult with intent to impress breach of peace) and 506 (felony intimidation) are made out in opposition to the accused individuals.

Pandey had alleged that the actor had snatched his cell phone whereas biking on a Mumbai avenue when some media individuals began clicking his photographs. The actor had allegedly entered into an argument and threatened him, Pandey stated in his criticism.

The Justice of the Peace’s court docket had earlier directed the D N Nagar police right here to conduct an inquiry and submit a report.

After perusing the report, the court docket held that there have been adequate grounds to proceed in opposition to the accused individuals.

The issuance of a course of marks the start of felony proceedings earlier than a metropolitan or judicial Justice of the Peace based mostly on a criticism lodged by a person.

The Justice of the Peace court docket points the method if it finds prima facie substance within the allegations made within the criticism.

As soon as the method is issued, the accused individuals have to look earlier than the court docket.