The Bombay High Court passed a order on 22 March, 2023.This was seen in the case of Salman Khan @ Abdul Rashid Salim Salman Khan Versus The State of Maharashtra & Anr. 450 OF 2022 and the case was presided over by Hon’ble Justice BHARATI DANGRE.
FACTS OF THE CASE:
In this case The complainant narrate that he being a journalist, in routine course of his profession, was travelling in his car from Juhu to Kandivali, alongwith his cameraman, on 24/04/2019. On his way, he noticed Accused No.1 riding a bicycle and Accused Nos.2 and 3 escorting him on bike. Being a journalist, he was tempted to ask Accused Nos.2 and 3, whether he can video shoot Accused No.1 and once consent was accorded, he started the recording. This, however, irked Accused No.1 and at his indication, Accused Nos.2 and 3 jumped on the car of the complainant and assaulted him. Even Accused No.1 participated in the assault and forcibly removed the mobile phone of the complainant, without his consent. The version in the complaint is exactly worded to the following effect.
ORDER BY COURT:
According to Justice Dangre was the invocation of Sections 504 and 506 of IPC without being satisfied about the ingredients. “The words uttered in despair or a gesture, however frightful, by itself would not attract Section 504. The allegations against Khan in the complaint, apart from being an afterthought, in no case met the necessary ingredients of Sections 504 and 506, which would have warranted the Magistrate to take cognizance upon a complaint,” the Court held. The judge proceeded to quash the orde,r noting that issuance of process against Khan and continuation of proceedings against him would be “nothing short of abuse of the process”..
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JUDGEMENT REVIEWED BY ARCHLA.
