Javed Akhtar Defamation Case: Sessions Court Reserves Order on Transfer Plea of Kangana Ranaut

Kangana Ranaut Javed Akhtar Law Insider

Mitali Palnitkar

Published On: February 26, 2022 at 17:49 IST

The Dindoshi Sessions Court in Mumbai reserved its Order on the Application filed by Kangana Ranaut seeking transfer of lyricist Javed Akhtar’s Complaint against her.

Ranaut approached the Court under Section 408 of the Criminal Procedure Code (CrPC) which deals with the powers of Sessions Court Judge to transfer Cases.

Additional Sessions Judge Shridhar Bhosle extensively heard the Plea on February 25, 2022. The Court will deliver the matter on March 9, 2022.

Ranaut stated that the Offence initiated against her was “Bailable, Non-Cognizable and Compoundable”. She alleged that though the Andheri Court Magistrate RR Khan was aware about the facts, he misused his powers and caused injury to Ranaut even before commencement of the Trial.

Advocate Jay K Bharadwaj who appeared for Akhtar, stated that the basis of Ranaut’s Application is “An apprehension that the Andheri Magistrate is biased.”

He further added that the Supreme Court had held that Bias needs to be construed from facts and circumstances of the Case and mere apprehension in the Applicant’s mind cannot be a decisive factor.

He alleged that Ranaut constantly made allegations and defamatory statements against Akhtar, Judiciary and Investigative Agencies.

He argued that Ranaut intends to delay the Proceedings and harass Akhtar whereas Akhtar, who is a senior citizen has been diligently appearing before the Court.

Akhtar had approached the Andheri Court in November 2020 claiming that Ranaut’s statements aired on a news channel constituted the Offence of Criminal Defamation under Sections 499 and 500 of the Indian Penal Code (IPC).

Ranaut had filed a Cross Complaint against Akhtar raising allegations of Criminal Conspiracy. She alleged that Akhtar outraged her modesty by invading her privacy.

Ranaut sought transfer of her Application from the Andheri Court. However, this was rejected by the CMM (Chief Metropolitan Magistrate) Court in December 2021 and Ranaut has not challenged it yet.

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