DSK Legal successfully represented Salman Khan before the Bombay High Court in quashing criminal proceedings against the actor

DSK Legal successfully represented Salman Khan before the Bombay High Court in quashing criminal proceedings against the actor

The Bombay High Court by its single-judge Justice Bharati Dangre quashed criminal proceedings against Bollywood actor Salman Khan in a complaint filed by a journalist in 2019 alleging criminal intimidation.

A criminal complaint was filed by a journalist (“Complainant”) against Salman Khan before the Magistrate Court at Andheri, Mumbai (“Complaint”).

Brief facts alleged by Complainant in said Complaint:

The Complainant alleged in the Complaint that on April 24, 2019, while he was travelling in his car he noticed that the Bollywood actor was cycling and the latter’s bodyguard was escorting him. It was further alleged that Complainant started recording the video of actor which was noticed by the actor’s bodyguard who allegedly started assaulting the journalist and hit the car and in the said process, the actor also came and he not only allegedly assaulted the Complainant but also, allegedly forcibly took away and snatched the mobile phone of the Complainant without the consent of the Complainant and later gave it back.

The Complainant had filed police complaint on April 24, 2019 before DN Nagar Police Station at Andheri. Since no alleged satisfactory steps were taken by Police, the Complainant approached the Magistrate Court at Andheri alleging commission of an offence of causing hurt, robbery, criminal mischief, criminal intimidation under various sections of the Indian Penal Code (Sections 323, 392, 426, 506(Il) read with section 34 of IPC).

After referring the matter for enquiry under Section 202 of Criminal Procedure Code (CrPC) and based on police report, by an impugned order dated March 22, 2022, the Trial Court had issued process against Salman Khan and his bodyguard Mohd. Nawaz Iqbal Shaikh for alleged offences punishable u/ss. 504 and 506 of the IPC (“Impugned Order”).

Being aggrieved by the Impugned Order, Salman Khan filed a Criminal Application No. 357 of 2022 before the Bombay High Court challenging Impugned Order and quashing of Complaint on various grounds.

Key contentions:

The primary contentions advanced on behalf of Salman Khan are as follows-

(i) That a plain reading of the material on record shows that the Impugned Order and the Complaint is not maintainable as per law and the Complainant has just improved his case from his first written complaint dated April 24, 2019 to D. N. Nagar Police Station;

(ii) The plain reading of the Complaint at Exhibit 1, alleged verification statement at Exhibit 5 and the Police Report u/s. 202 of the Cr. P.C. does not make out any case against the Applicant to attract criminal prosecution u/ss. 504 or 506 of the IPC, or under any of the provisions of law

(iii) without any application of mind, the Ld. Magistrate has mechanically issued process against the Applicant without ascertaining whether the allegations in the Complaint or in Police Report constitute an offence punishable u/s. 504 or 506 of IPC or not;

(iv) that filing of a verification statement in this kind of Complaint cannot be done by merely tendering an affidavit as done by the Complainant in the present case and hence there was no compliance of Section 200 and other provisions of CrPC;

Similarly, separate quashing petition was also filed by Salman Khan’s bodyguard before Bombay High Court being Criminal Application No. 450 of 2022.

The Counsel appearing for Khan, submitted that he had only asked his bodyguards to stop the journalist from shooting photos/ videos of him.

The Bombay High Court held that in facts and circumstances of the present case no offence was said to be committed by Salman Khan or his bodyguard under Sections 504 or 506 of IPC and therefore quashed and set aside Impugned Order of Magistrate and also quashed the Complaint filed before Magistrate Court.

The DSK Legal team comprised of Anand Desai (Managing Partner), Parag Khandhar (Partner) and Chandrima Mitra (Partner).

Senior Advocate Abad Ponda along with advocates Vikram Sutaria and Agastya Desai also appeared on behalf of the actor.