Bombay HC strikes down criminal case against Salman Khan and his bodyguard

The Bombay high court on Thursday struck down criminal proceedings initiated against actor Salman Khan and his bodyguard by a magistrate court based on a complaint lodged by a journalist in 2019, alleging that the actor had got into a scuffle with him after he tried to take his videos, photographs when he was cycling in Andheri.

The single judge bench of justice Bharati Dangre which heard the petition of Khan and his bodyguard questioned whether the complainant had followed due procedure before having the process issued by the magistrate court in connection with his complaint of criminal intimidation.

The magistrate court had summoned Khan following the complaint lodged by the journalist, Ashok Pandey, who claimed that after Khan had restrained him from taking photographs/videos of him while riding a cycle, the actor’s bodyguard had snatched his mobile phone and threatened him.

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However, Khan who was asked to appear before the magistrate in April, had approached the HC and sought quashing of the summons as well as the proceedings initiated against him.

Earlier, the HC had stayed the summons.

While arguing for Khan, senior advocate Aabad Ponda informed the bench that the complainant had made improvements in his complaint before the magistrate and there were procedural lapses as the complaint was not properly verified as stipulated in the Code of Criminal Procedure, and hence the case itself should be quashed.

The advocate for Pandey had argued that during the incident, the actor and his bodyguards had abused and threatened him and also snatched his mobile as a result of which he was traumatized when he lodged the initial complaint with the police.

Justice Dangre noted that there had been improvements in the complaint and proper procedure was not followed while issuing the summons hence it was quashing and setting aside the same.

In 2019, when the phone snatching incident took place, the journalist had lodged a complaint with police alleging offences by the actor’s bodyguard.

He had later approached the magistrate court seeking directions for registration of an FIR against the actor under sections 324 (voluntarily causing hurt), 392 (robbery), 426 (committing mischief) and 506 (criminal intimidation) of the IPC against the actor as well.

However, after the police submitted a report, the magistrate had said that a case was made out under sections 504 and 506 of IPC only and had issued summons to the actor and had directed him to be present in person.

Khan had then approached the HC seeking quashing of the summons.