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The High Court issued notice to the government and the complainant in the appeal filed by Shilpa Shetty against the order of the magistrate court refusing discharge.
A Single Judge Bench of Justice RG Achavat of the Bombay High Court has issued notice to the State Government in a plea filed by Actress Shilpa Shetty for quashing of the complaint lodged against her after Hollywood Actor Richard Gere had publicly kissed her at a promotional event in 2007. The complaint was filed alleging obscenity.
The appeal filed by Shetty states that:
“The accusation against the applicant above named is only that she did not protest when she was kissed by the co-accused Richard Gere. This by no stretch of imagination makes her a conspirator or perpetrator of any crime.”
The appeal further states that the complaint against Shetty is baseless and frivolous and that she is being targeted by falsely implicating her in the case as she is a celebrity.
Advocate Madhukar Dalvi for Shetty submitted before the Bombay High Court on Saturday that the object of the event where the alleged incident took place was charitable and to spread awareness of AIDS and that the said complaint was filed to gain publicity due to the involvement of celebrities.
The case will be heard by the High Court in February 2023. The state as well as the complainant, who is an advocate in Jaipur has been directed to file a reply.
The said incident took place in 2007 at Jaipur after which a complaint was filed with the Judicial Magistrate of First Class. Shilpa Shetty and Richard Gere were booked under Sections 292, 293, and 294 of the Indian Penal Code and the Information Technology Act.
Earlier in 2017, Shilpa Shetty filed a plea before the Supreme Court to transfer the case from Jaipur to Mumbai which was allowed.
Subsequently, Shetty filed two applications for discharge out of which one was allowed i.e., discharge after considering the police report. However, the second discharge plea was disallowed on the ground that it was a summons triable case and no discharge is allowed in such a case.
Shilpa Shetty then filed an appeal before the Bombay High Court against the rejection of the discharge plea by the Magistrate Court.
Case Title: Shilpa Shetty vs State of Maharashtra & Anr.
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