MOHD. NAWAZ IQBAL SHAIKH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The two applications before me, invoke the power of this Court under Sec. 482 of the Criminal Procedure Code (for short, "the Cr.P.C."), seeking a relief of quashing of an order dtd. 22/03/2022, passed by the Metropolitan Magistrate, 10th Court at Andheri, Mumbai, issuing process against them, for committing the offences punishable under Ss. 504 and 506 of the Indian Penal Code (for short, "the IPC"). Amongst the two, one of the Applicant-Salman is a wellknown cine artist and is a part of the Indian flm and entertainment industry, who claim to enjoy an excellent reputation, tremendous goodwill and extensive fan following in India and also on international platform.

(2.) The complainant is one Mr.Ashok Shyamlaal Pandey, a journalist and, according to him, had a tiff with the accused persons on the given date and which surfaced through his complaint, which is fled before the Metropolitan Magistrate against the two named persons and one unknown person on 25/06/2019.

(3.) Worth it to mention that immediately on the incident taking place at around 4.40 p.m. on 24/04/2019, the complainant approached D.N.Nagar Police Station at 18.12 hours and informed about the alleged incident having taken place and the narration is to the effect that after the permission was granted to videograph, Accused No.1 looked back and signaled to his bodyguards, pursuant to which, both of them, who were riding on a motorcycle, rushed towards the complainant and his cameraman, who was sitting in the car, with an open window, was pushed. It is alleged that a verbal altercation ensued between the bodyguards and the occupants of the car and even Accused No.1 came back and he snatched the mobile from the car and moved ahead. While an attempt was being made to contact to the police on number 100, the two bodyguards came back and returned the mobile. The complaint that was lodged with the police station, in short, was about the misbehavior of Accused No.1 and it was alleged that just because he is a celebrity, he cannot behave in an irresponsible fashion, as before videographying him, permission of his bodyguards was sought. The complaint is received in D.N.Nagar Police Station on the very same day.