Shah Rukh Khan complainant moves court to probe Mumbai Police's clean chit to actor in IPL case

Amit Maru, the petitioner in the case against Shah Rukh Khan's Wankhede brawl case, has lodged a protest petition through his lawyer Aditya Pratap against the clean chit given by Mumbai Police to the actor last year.

Maru, who claims to be a social worker, had complained to the Maharashtra State Commission for Protection of Child Rights (MSCPCR), which in 2015 had directed Mumbai Police to register an FIR against the actor after prima facie investigations found out that SRK had used foul language in the presence of minors.

However, when Mumbai Police did not register the case, Maru filed a petition before the Esplanade magistrate court in Mumbai. The court ordered an inquiry and the Marine Drive police station was entrusted with the job. As reported, SRK had abused a security guard at the stadium when the latter refused to let him enter the stadium ground with his children after an Indian Premier League (IPL) cricket match. The Marine Drive Police had at the time registered a Non-Cognisable complaint (NC) against the actor in 2012.

After the incident, late Vilasrao Deshmukh, the then Mumbai Cricket Association (MCA) president had banned SRK from entering the Wankhede stadium for five years. However after fresh enquiry Mumbai Police came to the conclusion that Khan was neither drunk nor did he use foul language in the presence of children.

However Maru feels otherwise and thus while pleading that the Esplanade court should not only reject the impugned report filed by the Marine Drive Police Station, but also proceed to issue process against Khan.

Advocate Pratap said that the impugned police report is the result of a highly prejudiced inquiry that completely contravenes the letter and spirit of Section 202. Pratap also said, "The scope and object of an inquiry under Section 202 of the Criminal Procedure Code is limited to ascertaining whether there is a prima facie ground to proceed with the matter or not. Police only has to do an inquiry to ascertain whether prima facie proof exists to issue process against the accused. The police cannot come to a pre-emptive conclusion and attempt to scuttle the matter," said Pratap.

He added that at the police has completely ignored critical electronic evidence which clearly proved that the accused had committed cognisable offences. Such evidence existed in the form of YouTube recordings, video and audio clips recorded by people at the scene. These clips were subsequently uploaded on the internet and were viewed by the people at large. He also added that the claim of the police that the complainant was not an eyewitness is also irrelevant.

The arguments in the case will be heard by Esplanade court in September.

ALSO READ |

IPL 6: Shah Rukh Khan to use fake moustache to enter Wankhede stadium?

MCA to ensure Shah Rukh Khan doesn't enter Wankhede

2012 Wankhede Stadium brawl: Mumbai Police asked to file FIR against SRK

Shah Rukh Khan wins Wankhede war, cops say he was not drunk

ALSO WATCH | Wankhede brawl case: Mumbai Police gives clean chit to SRK