Javed Akhtar Defamation Case: Javed Akhtar Defamation Case: The Sessions Court in Mumbai reserved its order in the revision application filed by Bollywood actor Kangana Ranaut challenging the proceedings before the Metropolitan Magistrate Court at Andheri in a criminal defamation complaint filed by lyricist Javed Akhtar. In her criminal revision application, Ranaut has challenged the issuance of process, the legality and validity of the order dated February 1, 2021 passed by Metropolitan Magistrate at Andheri RR Khan and the subsequent action of issuing a bailable warrant against her.
As mentioned in Bar And Bench, Advocate Rizwan Siddiquee, appearing for Ranaut relied upon Section 200 of the Code of Criminal Procedure (CrPC), which states that both the complainant and the witness are required to be examined by the Magistrate on oath and that said statement ought to be signed by the Magistrate. He submitted that since the Magistrate had not recorded the statements of the witnesses on oath, the Magistrate vitiated the procedure. For this reason, the summoning order of February 1, 2021, ought to be set aside, he contended. He further urged the Sessions Court to suspend all proceedings against Ranaut.
Advocate Jay K Bharadwaj, appearing for Akhtar, opposed the plea and submitted that neither the issuance of the process nor the order warranted interference. He submitted that Section 200, CrPC called for an examination of the complainant on oath and of the witness only if there were any present. Referring to a Supreme Court judgment in the case of Vijay Dhanuka v. Najima Mamtaj, he submitted that in an inquiry under Section 200, CrPC and an examination of the complainant is only on the option of the witnesses being examined, if any.
Bharadwaj argued that by the order summoning Ranaut, she had been impliedly given a fair opportunity to respond to the complaint. Instead grabbing the opportunity, Ranaut tweeted about the summons which was not in good taste, he argued.
He added that the Magistrate had considered all records before passing the summoning order.
Additional Sessions Judge SU Baghele heard the arguments at length before reserving the matter for orders. He will render the verdict on April 5, 2021.
Kangana Ranaut has also sought for the cancellation of the bailable warrant issued against her by the Court. Ranaut had, on March 25, approached the Magistrate with an application for the cancellation of the warrant. The Court, in response, canceled the warrant after Ranaut furnished a cash bail of Rs. 20,000 and surety worth Rs. 15,000.
(Inputs from Bar and Bench)