The Bombay High Court on Thursday dismissed the plea filed by Bollywood actor Kangana Ranaut challenging the criminal defamation proceedings initiated by the Metropolitan Magistrate at Andheri, Mumbai on a complaint filed by lyricist Javed Akhtar.
The verdict pronounced by Justice Revati Mohite Dere essentially upheld the discretionary order of the Magistrate directing the police to enquire into the allegations made in Akhtar’s complaint.
Advocate Rizwan Siddiquee appearing for Ranaut, had argued that the Magistrate was duty bound to examine the complainant and the witnesses named in the complaint on oath as per Section 202 of the Code of Criminal Procedure instead of simply directing the Juhu Police, Mumbai to conduct an inquiry on the Magistrate’s behalf.
Advocate Jay K Bharadwaj appearing for Akhtar, had referred to Section 202 of the Code of Criminal Procedure to submit that the Magistrate had three options:
- to either conduct the investigation himself/herself; or
- direct an investigation to be made by a police officer; or
- direct a third party to conduct investigation
The Magistrate opted for one of these options, he submitted.
Siddiquee said that the Magistrate exercised power but did not apply his judicial mind while issuing process in the case or issuing a bailable warrant after Ranaut failed to appear in Court.
It was further argued that no material evidence was brought on record by the complainant when he filed the present complaint; it was in fact brought on record by a third party.
Bharadwaj had responded by stating at the stage of summoning the accused, the Court was supposed to consider the allegations in the complaint, and in the present case, the Court also considered the statement of the complainant, the report submitted by the police and the allegedly defamatory interview.
He added that in order to conduct an impartial inquiry, all the people involved were summoned. Despite this, he said, Ranaut did not appear in court.
