HC reserves order on Kangana Ranaut’s plea in search of quashing of defamation proceedings – Occasions of India

The Bombay High Court on Wednesday reserved its order on a plea filed by actor Kangana Ranaut in search of quashing of felony defamation proceedings initiated in opposition to her by a metropolitan Justice of the Peace’s courtroom within the metropolis on a criticism filed by Bollywood lyricist Javed Akhtar. Ranaut, via her counsel Rizwan Siddiquee, had challenged the defamation proceedings initiated earlier this 12 months, saying the Justice of the Peace’s courtroom in suburban Andheri had failed to use its thoughts to the case.

Ranaut stated in her plea the decrease courtroom didn’t independently look at the complainant or witnesses named within the criticism in opposition to her, but it surely as a substitute relied merely upon the discretion of the Juhu police and initiated the case in opposition to her.

On Wednesday, Siddiquee informed a single bench presided over by Justice Revati Mohite-Dere that the police inquiry into Akhtar’s criticism was “one-sided.”

“My witnesses have been by no means examined. The Justice of the Peace ought to have ensured that no celebration is harassed,” Siddiquee informed the HC.

Akhtar’s counsel Jay Bharadwaj, nevertheless, informed the bench that the Justice of the Peace had ordered the police inquiry after going via Akhtar’s criticism and excerpts of the interview during which Ranaut had made the alleged defamatory feedback.

He additional stated the police had summoned witnesses and anxious individuals, together with Ranaut, to make sure its inquiry was neutral, however the actor by no means responded to the summons.

Akhtar filed a felony criticism in opposition to Ranaut in November final 12 months earlier than the Andheri metropolitan Justice of the Peace for allegedly making defamatory and baseless feedback in opposition to him in a tv interview.

In December 2020, the courtroom directed the Juhu police to conduct an inquiry into Akhtar’s criticism. The police subsequently knowledgeable the courtroom that an offence of defamation, as alleged by Akhtar in opposition to the actor, was prima facie made out, and additional probe into the identical was required.

The courtroom accordingly, initiated felony proceedings in opposition to Ranaut and issued summons to her in February this 12 months.

As per part 202 of the CrPC, a Justice of the Peace, on receipt of a criticism of an offence of which she or he is authorised to take cognisance of, can inquire, or direct the police to see if an precise case is made out, earlier than issuing summons to an accused particular person.

The excessive courtroom is more likely to go an order on Ranaut’s plea on September 9.