Javed Akhtar requests HC to dismiss Kangana's plea seeking quashing of defamation proceedings

Lyricist Javed Akhtar on Monday urged the Bombay High Court to dismiss a plea filed by actor Kangana Ranaut seeking quashing of the criminal defamation proceedings initiated against her by a metropolitan magistrates court in the city on a complaint filed by himIn a counteraffidavit filed in the HC Akhtar said through his lawyers NK Bharadwaj and associates that the metropolitan magistrates court in suburban Andheri had followed a due process in launching the criminal defamation proceedings against RanautAkhtars counteraffidavit was filed in response to a plea filed by Ranaut through her counsel Rizwan Siddiquee last month in which she challenged the defamation proceedings initiated earlier this year saying the magistrates court had failed to apply its mind to the caseRanaut had said the magistrates court did not independently examine the complainant or the witnesses named in the complaint against her It had instead relied merely upon the Juhu polices discretion and initiated the case against herThe counteraffidavit stated the magistrate had been well within his powers to initiate the proceedings against the actorAkhtar said the magistrate had gone through his complaint and his statement made on oath detailing his grievances against RanautHe further stated that while the Criminal Procedure Code provided for the magistrate to independently examine witnesses it did not make the same mandatoryThe MM metropolitan magistrate followed due process of law before proceeding to initiate the summoning order against the applicant Ranaut That it was only after considering the footage of the interview dated July 19 2020 and detailed verification of the statement made by the respondent Akhtar and the statement of witnesses that the MM proceeded to issue process against the applicant Ranaut reads Akhtars affidavitAkhtar filed a criminal complaint against Ranaut in November last year before the Andheri metropolitan magistrate alleging that she made defamatory and baseless comments against him in a television interview given to journalist Arnab GoswamiIn December 2020 the court directed the Juhu police to conduct an inquiry into Akhtars complaint against Ranaut The police subsequently informed the court that an offence of defamation as alleged by Akhtar against the actor was prima facie made out and further probe is requiredThe court then initiated criminal proceedings against Ranaut and issued summons to her in February this yearAs per section 202 of the CrPC a magistrate on receipt of a complaint of an offence of which he or she is authorised to take cognisance of can inquire or direct the police to see if an actual case is made out before issuing summons to an accused personIn his counteraffidavit Akhtar also said that Ranaut never cooperated with the polices probe He stated the actor refused to respond to the summons in the case and that she continued to make defamatory statements against him on social media even after the proceedings were initiated in the caseThe high court is likely to hear Ranauts plea on August 18The Andheri metropolitan magistrates court on July 27 allowed as the last chance Ranauts plea seeking exemption from personal appearance in the defamation case filed by Akhtar and directed her to remain present on the next date of hearing on September 1 without failMetropolitan magistrate Andheri RR Khan had also rejected the plea of Akhtar filed through his lawyer seeking issuance of an arrest warrant against the actor but said the complainant can move the plea again if Ranaut fails to appear at the next hearingThis story has been sourced from a third party syndicated feed agencies Midday accepts no responsibility or liability for its dependability trustworthiness reliability and data of the text Midday managementmiddaycom reserves the sole right to alter delete or remove without notice the content in its absolute discretion for any reason whatsoever