Raees Promotion Stampede | Gujarat High Court Quashes Criminal Case Against Actor Shah Rukh Khan
The Gujarat High Court on Wednesday quashed a case against actor Actor Shah Rukh Khan registered against him in connection with a stampede that happened at Vadodara Railway Station during his film, Raees' promotions in the year 2017. The Bench of Justice Nikhil S. Kariel observed that the act on part of Khan could not be termed to be so grossly negligent or reckless, neither could be an act...
The Gujarat High Court on Wednesday quashed a case against actor Actor Shah Rukh Khan registered against him in connection with a stampede that happened at Vadodara Railway Station during his film, Raees' promotions in the year 2017.
The Bench of Justice Nikhil S. Kariel observed that the act on part of Khan could not be termed to be so grossly negligent or reckless, neither could be an act on part of the petitioner be treated as the proximate and efficient cause of the unruly incidents at the Railway Station
The case in brief
As per the FIR registered in this matter, Shahrukh Khan was Travelling on a Train from Mumbai to Delhi to promote his film Raees in the year 2017. When the train reached the Vadodara railway station, a huge crowd gathered to get a glimpse of Khan.
During the promotion, Shah Rukh Khan waived his hand and threw t-shirts and balls among the people, due to which a stampede was caused and the police had to lathi-charge the Public. Further, due to the stampede, one person had died, several people got injured and two policemen had fainted during the event.
After the said incident, a Local Congressman, Jitendra Solanki filed a complaint in the matter and the police lodged a case against Khan thereafter, the court took cognizance of the case issued him summon to face charges under Sections 336, 337, and 338 of IPC and Sections 145, 150, 152, 154 and 155 (1) (a) of the Railways Act, 1989.
Subsequently, Khan approached the High Court for quashing the FIR and the High Court stayed the trial in July 2017. Now, today the court has quashed the criminal complaint and the summoning order issued against the Bollywood Actor.
Court's observations
The Court noted that Khan was promoting his movie at the Railway Station, after having obtained permission for doing so from the concerned authorities. Further, the Court observed that neither his acts could be termed as being of an extremely high degree of negligence or recklessness nor could be the acts stated to be proximate or efficient cause for the alleged incident.
Further, the Court also stressed that the alleged incidents had happened as a result of the culmination of many causes of which one of the causes may have been the act on part of the petitioner of having thrown 'smiley balls' and 'T shirts' in the crowd.
The Court also said that out of thousands of persons present in the Railway Station on the date of the incident including police personnel and railway staff, none of the persons who might have been injured on account of the incident or even witnessed the incident had complained about the same
Further, the Court also observed thus:
"This Court having regard to the extraordinary jurisdiction in exercise by Article 226 of the Constitution of India and inherent power under Section 482 of the Code of Criminal Procedure, is also required to consider whether it would be fair and justifiable for ordinary citizens of the place where the trial against the petitioner might be held if the impugned complaint is not quashed who would have to suffer inconvenience on account of the petitioner being required to attend the trial with regard to a complaint, which has been filed by a person who has no direct connection with the incident in question."
Consequently, the Court came to the opinion that Khan had been able to make out a case for quashing the impugned complaint. As a result of the same, the Criminal Case pending before the 11th Judicial Magistrate First Class, Vadodara as well as the order dated March 2017 passed by the Magistrate was quashed.
Case title - Shah Rukh Khan S/O. Meer Taj Mohammed v. State Of Gujarat 1 other
Case Citation:
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