Munmun Kaur
Published On: January 01, 2022 at 10:45
A Mumbai Sessions Court, on December 31, dismissed actor Kangana Ranaut’s Appeal against an order by an Additional Chief Metropolitan Magistrate refusing to entertain her plea for transfer of lyricist Javed Akhtar’s complaint against her to another Court.
Apparently, in November, Akhtar filed a defamation Complaint against Kangana for making baseless and defamatory comments against him on a television show while talking in the context of actor Sushant Singh Rajput’s demise.
Ranaut filed a Revision Application u/s 397, Criminal Procedure Code. Her lawyer Rizwan Siddiquee pointed out the ‘Irregularity of proceedings’ in the Andheri Court and also pointed out that ‘The propriety, correctness, and legality of his actions,’ were ‘Not only against the established principles of Law but also against the principles of Natural Justice’.
Kangana called out the order as being ‘Grossly Erroneous’ and sought the order to be set aside and the proceedings be transferred to any other Court.
Siddiquee, representing Ranaut argued that the Andheri Magistrate kept on insisting personal appearance of his client without giving any specific reasons as to why the proceedings cannot be continued without her being present there. Although, Siddique had specifically mentioned in writing in the exemption application that the plea can be recorded in her absence through her Advocate and proceedings too can go on without her being present.
On the other hand, Jay Bharadwaj representing Akhtar argued, “Revisional jurisdiction can be invoked where the decisions under challenge are grossly erroneous, there is no compliance with the provisions of law, the finding recorded is based on no evidence, material evidence is ignored or judicial discretion is exercised arbitrarily or perversely.”
The Court rejected the plea with the findings that the allegations made by Ranaut were vague and that she failed to make a concrete case. The Court also said that the Andheri Magistrate was not biased and had acted judiciously.