Rajasthan High Court Judgment: The single bench of Rajasthan High Court Justice Arun Monga has given a giant choice 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 entire 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 scenario, a case was filed in 2017 relating to the incident of 2013, which isn’t even underneath the provisions of the Act.
The matter was associated to the exhibits of 2013 and 2017.
On December 22, 2017, Ashok Panwar of Valmiki Samaj had filed a case towards Salman Khan and Shilpa Shetty underneath the SC-ST Act on the Kotwali police station in Churu. He mentioned that the phrase ‘Bhangi’ was utilized by Shilpa Shetty in a 2013 TV interview, wherein 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 neighborhood. After the case was registered, the investigating officer issued a discover on 18 January 2018.
Filing FIR with out inquiry is unlawful: HC
During the listening to, the High Court mentioned that for against the law to be licensed underneath the SC/ST Act, intention to harm somebody is critical, which isn’t seen within the applicant’s case. The High Court additionally made it clear that for registering an FIR underneath the SC-ST Act, it’s essential to conduct part and preliminary investigation. It is unlawful to register FIR underneath SC-ST Act with out inquiry.
Do it to draw media consideration: HC
The High Court mentioned that statements made by public figures are typically exaggerated by some individuals to draw media consideration. The Court additionally mentioned that nobody may be held criminally liable until there may be malice or intent to trigger hurt. Statements made by public figures are typically exaggerated by unknown members of the general public to be able to appeal to media consideration.
High Court requested to cancel FIR for that reason
At the identical time, the court docket has additionally thought-about the delay in registering the FIR within the case of the complainant as a motive. In this case, the High Court has not accepted any allegation of selling enmity between teams on the premise of faith, caste or native land. Nor did the court docket settle for that it harm the emotions of individuals belonging to the Valmiki neighborhood.
While listening to this whole 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 introduced the aspect of actress Shilpa Raj Kundra. Vikram Rajpurohit advocated this case on behalf of the state authorities.
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