Bombay HC reserves its order in Kangana’s quash plea – Times of India

Mumbai: The Bombay high court on Wednesday reserved for orders a quashing petition filed by actor Kangana Ranaut against a criminal defamation proceeding initiated against her on a complaint filed by veteran lyricist Javed Akhtar.
Justice Revati Mohite Dere, who heard counsel Rizwan Siddiquee for Ranaut and Jay Bharadwaj for Akhtar, said she would pronounce the final order on September 9. An Andheri magistrate is scheduled to hear the case on September 14.
Siddiquee cited 26 judgments from the SC and HCs to argue that the metropolitan magistrate in the Andheri court did not apply his judicial mind while asking for a police inquiry in the private complaint.
He argued that police investigation was only required if the case so demands and the magistrate would be duty-bound to record specific reasons for asking for police investigation. Siddiquee asserted that there was no recovery of any evidence and the police, as such, only presented one-sided investigation report, which was in contravention to Section 162 of trhe CrPC, and the magistrate relied on such a report. He stressed that there was non-application of mind in its order to summon Ranaut. She was “never examined” by the magistrate and she never recorded her statement before the police as a witness, said Siddiquee.
Akhtar’s counsel Bharadwaj said Ranaut had been asked by the police to give her statement but she had not responded “for reasons best known to her”.