A civil courtroom had final month issued course of (summons) to Salman and his bodyguard Nawaz Shaikh and directed them to look earlier than it on April 5.
On Tuesday, Salman's attorneys filed an utility earlier than the Justice of the Peace's courtroom searching for exemption from look. The Justice of the Peace's courtroom granted the exemption and posted the matter for listening to on Might 9.
Salman had approached the Bombay Excessive Court docket difficult the method (summons) issued to him by the decrease courtroom.
On Tuesday, a single bench of Justice Revati Mohite Dere directed the complainant (journalist Ashok Pandey) to file an affidavit in reply to the actor's plea difficult the decrease courtroom order issuing course of and searching for to quash the proceedings.
"The proceedings (within the decrease courtroom) with regard to the applicant (Salman Khan) is stayed," Justice Dere mentioned whereas posting the plea for additional listening to on Might 5.
Pandey had alleged that in April 2019, Salman and his bodyguard Nawaz Shaikj had abused and assaulted him for filming the actor whereas he was biking on the highway.
Salman's counsel Aabad Ponda on Tuesday advised the excessive courtroom that there have been contradictions and improvisations in Pandey's grievance letter to the police, despatched on April 24, 2019, when the alleged incident occurred, and the personal grievance filed by him earlier than the Justice of the Peace's courtroom in June 2019.
"Within the grievance letter to the police, there isn't a allegation towards the applicant (Salman). However within the personal grievance to the Justice of the Peace, there are improvisations and he (Pandey) says the applicant abused and assaulted him," Ponda mentioned.
He said that Salman had not mentioned a phrase to Pandey. If the allegation is towards Salman's bodyguard then the proceedings might go on towards him, Ponda mentioned.
Justice Dere then sought to know from advocate Ejaz Naqvi, who appeared for Pandey, why the allegations of assault weren't talked about within the police grievance letter.
"You (Pandey) are a journalist. If somebody had assaulted you, you'd haven't saved quiet. It might have mirrored within the grievance letter to the police," Justice Dere mentioned.
Pandey had filed a non-public grievance earlier than the Justice of the Peace's courtroom searching for legal motion to be initiated towards Salman Khan and Shaikh.
Metropolitan Justice of the Peace R R Khan had on March 23 issued course of to Salman and Shaikh after noting that a police report submitted within the matter said that offences underneath Indian Penal Code Sections 504 (intentional insult with intent to impress breach of peace) and 506 (legal intimidation) are made out towards the accused individuals.
Pandey had alleged that the actor had snatched his cell phone whereas biking on a Mumbai avenue when some media individuals began clicking his pictures. The actor had allegedly entered into an argument and threatened him, Pandey mentioned in his grievance.
The Justice of the Peace's courtroom had earlier directed the D N Nagar police right here to conduct an inquiry and submit a report.
After perusing the report, the courtroom held that there have been ample grounds to proceed towards the accused individuals.
The issuance of a course of marks the start of legal proceedings earlier than a metropolitan or judicial Justice of the Peace based mostly on a grievance lodged by a person.
The Justice of the Peace courtroom points the method if it finds prima facie substance within the allegations made within the grievance.
As soon as the method is issued, the accused individuals have to look earlier than the courtroom.
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