Mumbai: The Metropolitan Magistrate court has warned model and Bollywood actress Malaika Arora to issue a non bailable warrant against her as she ‘intentionally’ continues to remain absent for the court hearing in connection with the case lodged after the brawl that took place in Taj hotel between actor Saif Ali Khan and an NRI businessman in February 2012.
The actress has to testify as one of the witnesses in the case as she was also present in the hotel with Khans for the dinner at the restaurant in Taj hotel. On Tuesday, as she remained to appear before the court, her lawyer sought exemption.
The magistrate court however noted that as the actress failed to appear before the court, bailable warrant is already issued. The court said, in spite of the knowledge she is intentionally trying to avoid court proceedings. The court allowed her exemption as a last chance and said if she fails to appear on the next hearing, the court would proceed to pass a non bailable warrant against her.
Previously on February 15, the magistrate court had issued a bailable warrant against her, her sister Amruta and Farukh Wadia, as they had failed to appear and testify before the court. The three were present in the hotel at the time of the incident and had failed to appear before the court.
After the warrant, Amruta and Farukh appeared before the court and testified wherein Farukh was declared hostile. Malaika however, still has not testified in the case, because of which the court has issued a warrant against her again.
As per the prosecution case, on February 22, 2012, Saif was dining with a group of 12 people from the film industry when the scuffle allegedly took place. The complainant, NRI businessman Iqbal Sharma alleged that, as the group was very large, they made a lot of noise and disturbed other patrons.
The complaint stated that when the noise levels increased, Sharma objected and approached the restaurant authorities. Following which, Saif and his friends got into an argument with Sharma, whereby it was alleged that Saif and two of his friends assaulted Sharma.
After the incident, the Colaba police station registered a complaint against Saif and two others at the Colaba police station under Section 325 (punishment for voluntarily causing grievous hurt) and 34 (common intent) of the Indian Penal Code. The police filed the charge-sheet on December 21, 2012.
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