[BREAKING] Kangana Ranaut moves Bombay High Court for quashing defamation case filed by Javed Akhtar

Bollywood actress Kangana Ranaut has approached Bombay High Court challenging the criminal defamation proceedings initiated by the Metropolitan Magistrate at Andheri, Mumbai on the complaint filed by lyricist Javed Akhtar. .Ranaut sought quashing of the entire proceedings initiated by the Magistrate arising from Akhtar's complaint which would include all the orders, summons, issued till date on the ground that the same is a direct consequence of cognizance taken by the Magistrate. .The petition stated 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. .In the petition filed through Advocate Rizwan Siddiquee, Ranaut submitted that the Magistrate did not use his own powers to conduct an inquiry but instead "blatantly used the police machinery to collect the signed witness statement, as and by way of inquiry conducted by a police officer, which is completely unheard of". .She stated that this also amounted to illegally collecting signed statement of the witnesses in contravention of Section 162 of the CrPC which are inadmissible as substantive evidence. Ranaut emphasised that the statement of the witnesses could easily get influenced by the police and for this reason, recording of evidence of material witness under oath was crucial for establishing whether any direct or actual case is made out by the complainant. .Ranaut submitted that such a practice if allowed, will set a wrong precedent for other Magistrates and also affect the right and liberties to the accused in the cases. In view of this, the petition also sought a declaration that the signed witness statement collected by the Juhu police is not in accordance with law. .Siddiquee has moved the plea for urgent relief of stay on the Magistrate court proceedings. The matter is likely to be listed for hearing before Bench of Justice SS Shinde and NJ Jamadar on July 26, 2021. Advocate Jay Bharadwaj will appear for Javed Akhtar. .The complaint in question had been filed by Akhtar against Ranaut's statements made against him in an interview with Arnab Goswami which was aired by Republic TV.The Magistrate had issued notice to Ranaut in February 2021 and upon her failure to appear in the Court, had also issued a bailable warrant in March 2021.Ranaut had appeared before the Magistrate and applied for bail which was granted by the Magistrate.She had also challenged the order issuing process and bailable warrant before the Dindoshi Session Court which was dismissed by the Court in April 2021.Ranaut had also approached the Magistrate court for exemption from personal appearance on several dates which was granted by the Court.She also moved the Magistrate for permanent exemption from appearance which is pending.