The defamation case against actor Rajinikanth moved by a film financier for reportedly accusing the financier of extorting money from him in 2015 hots up further. The Madras High Court on Monday citing procedural flaws, set aside the dismissal of the defamation case by the VIII Metropolitan Magistrate, George Town.
Chennai:
Justice MV Muralidharan while allowing the criminal revision petition moved by financier S Mukanchand Bothra, said, “It is my absolute view that the Magistrate has not followed the procedure as per section 203 of CrPC.
Once the Magistrate had recorded the sworn statement on September 21, 2015, he should have proceeded further by directing the complainant to produce the witnesses, hold oral enquiry and thereafter pass appropriate orders about taking cognisance of the complaint or rejecting it. But none of this has been followed by the Magistrate warranting interference in the dismissal order passed by him on April 12, 2017 and the same is liable to be set aside.”
Directing the magistrate to follow the procedure under section 203 of the CrPC and thereafter pass appropriate orders within a period of eight weeks, the judge also held, “If the magistrate is taking cognisance of the complaint and issues any summons to the respondent (Rajinikanth), the appearance of the respondent is dispensed with, except the hearings to be ordered by the Magistrate.”