Rajasthan High Court Judgment: The single bench of Rajasthan High Court Justice Arun Monga has given an enormous resolution within the FIR associated to SC-ST Act registered towards actors Salman Khan and Shilpa Raj Kundra (Shilpa Shetty). Order has been given to cancel the FIR towards Shilpa Shetty. Actually, this complete matter was associated to an interview, which was shot within the yr 2013. An FIR was lodged within the Kotwali police station of Churu towards the statements given by actors Salman Khan and Shilpa Shetty throughout that interview. Whereas SC ST Act 2015 has been amended. In such a state of affairs, a case was filed in 2017 relating to the incident of 2013, which isn’t even below the provisions of the Act.
The matter was associated to the reveals of 2013 and 2017.
On December 22, 2017, Ashok Panwar of Valmiki Samaj had filed a case towards Salman Khan and Shilpa Shetty below the SC-ST Act on the Kotwali police station in Churu. He stated that the phrase ‘Bhangi’ was utilized by Shilpa Shetty in a 2013 TV interview, through which actor Salman Khan was additionally current. According to the grievance given to the police, the usage of this phrase had allegedly harm the emotions of the Valmiki group. After the case was registered, the investigating officer issued a discover on 18 January 2018.
Filing FIR with out inquiry is against the law: HC
During the listening to, the High Court stated that for a criminal offense to be licensed below the SC/ST Act, intention to harm somebody is important, which isn’t seen within the applicant’s case. The High Court additionally made it clear that for registering an FIR below the SC-ST Act, it’s essential to conduct part and preliminary investigation. It is against the law to register FIR below SC-ST Act with out inquiry.
Do it to draw media consideration: HC
The High Court stated that statements made by public figures are generally exaggerated by some folks to draw media consideration. The Court additionally stated that nobody might be held criminally liable except there’s malice or intent to trigger hurt. Statements made by public figures are generally exaggerated by unknown members of the general public in an effort to entice media consideration.
High Court requested to cancel FIR for that reason
At the identical time, the court docket has additionally thought of the delay in registering the FIR within the case of the complainant as a purpose. In this case, the High Court has not accepted any allegation of selling enmity between teams on the premise of faith, caste or hometown. Nor did the court docket settle for that it harm the emotions of individuals belonging to the Valmiki group.
While listening to this complete case, Justice Arun Monga of the only bench of Rajasthan High Court ordered to cancel the FIR registered towards Shilpa Shetty within the Kotwali police station of Churu. In this case, on behalf of Shilpa Shetty, advocate Prashant Patil and advocate Gopal Sandhu offered the facet of actress Shilpa Raj Kundra. Vikram Rajpurohit advocated this case on behalf of the state authorities.
Read this also-
