Bombay HC stays summons issued to Salman Khan in journalist ‘phone snatching’ case – Times of India

MUMBAI: In relief to Bollywood actor Salman Khan, Bombay high court stayed a March 22 order of Andheri Magistrate which had issued summons against him for his personal appearance.
The lower court order was on a private complaint filed by a reporter who alleged assault, abuse and criminal intimidation by the actor. The complaint which is also against the actor’s body guard Nawaz Shaikh said Khan took away, after getting into an argument with him, the cellphone of the reporter who was video recording him cycling on April 24, 2019 in Mumbai. On June 13, the DN Nagar police station had told the reporter that there was no cognisable offence made out on his complaint emailed in April.
Khan challenged the Magistrate’s order before the HC.
Senior counsel Aabad Ponda along with advocate Agastya Desai appeared for the actor and Ponda submitted before Justice Revati Mohite Dere that the initial complaint contained no such allegation of assault and abuse and it was modified as an afterthought three months later when the private complaint was filed before the magistrate.
The HC said either the magistrate’s order can be set aside and matter remanded back or the complainant can file an affidavit in reply which the reporter’s lawyer Ejaz Naqvi said he would in four weeks.
Naqvi said, “He kicked the car. And said he has to take the mobile. Someone else returned it”
“He has not improved his statement, and the reporter had immediately on April 24 texted the police,” said Naqvi adding, “Verification is not relevant.” Justice Mohite Dere asked, “why is is it not relevant”
Ponda said Khan was cycling ahead and the complainant acknowledged that as he said the actor turned around and asked the bodyguard behind to tell him (the scribe) to stop recording on his cellphone from inside a vehicle. The actor then only came to the vehicle, the window was down and he asked for the phone to see if there was any recording and returned it.
“On the date of the incident, the complainant sent a letter to the police station, there is no mention of Khan abusing him,” said Ponda.
The Judge also said to Nakvi, “You (complainant) are a journalist. if something as serious was done to you, you would not have kept quiet” and filed complaint immediately.
The Magistrate had observed in his order that on the day the incident was reported, there was an altercation between the actor and the journalist.
”The investigating officer has quoted that offences under Section 504 (intentional insult with intent to provoke breach of peace), 506 (criminal intimidation) of the Indian Penal Code have been made out against the accused,” the Magistrate had noted.
Ponda also took exception to the Magistrate not recording the complaint’s statement to verify but accepting his affidavit instead.
Ponda said the practice of accepting only an affidavit and by passing the procedure contemplated under section 200 Criminal Procedure code is deprecated by the HC in judgment passed by former HC Judge Justice Abhay Oka.
The journalist had filed the complaint claiming that after a heated argument on the day of the incident, Khan also issued threats. The Magistrate Court sought a report from the DN Nagar police station where the complaint was filed.
Based on the “positive police report” under section 202 of the Criminal Procedure Code (CrPC) and other material, the Magistrate found there was sufficient ground to initiate criminal proceedings passed the order issuing process which the HC stayed.
The HC posted the matter for further hearing on May 5, 2022.