[BREAKING] Kangana Ranaut v. Javed Akhtar: Mumbai Sessions Court upholds transfer petition dismissal

A Mumbai Sessions Court has dismissed the revision plea filed by actress Kangana Ranaut seeking transfer of lyricist Javed Akhtar's criminal complaint against her, from the court at Andheri currently hearing the case, to any other Magistrate..The revision plea was filed against a Magistrate court order which had earlier dismissed her petition.In her plea, Ranaut had stated that the Additional Chief Metropolitan Magistrate (CMM) at Esplanade, Mumbai who dismissed her transfer plea, failed to appreciate that the Andheri Metropolitan Magistrate RR Khan (who is hearing Akhtar's complaint) grossly misused his power to intentionally cause injury to her..Akhtar had moved the Andheri Magistrate against Ranaut's statements which aired on Republic TV, which Akhtar alleged amounted to the offence of criminal defamation under Sections 499 and 500 of the Indian Penal Code.During the course of hearing of this complaint, Ranaut claimed that the Andheri Magistrate caused further injury which harmed her image by callously announcing in an open court before media personnel that "if the applicant is not present for hearing on the next date, an arrest warrant will be issued against her".After Ranaut's repeated non-appearance, the Andheri Magistrate had warned Ranaut that if she fails to remain present for hearing on the next date, an arrest warrant will be issued against her.He had also granted Ranaut one last chance to appear, clarifying that a bailable warrant will be issued against her if she fails to appear..The present plea filed through Advocate Rizwan Siddiquee stated that had the Magistrate been inclined to issue a warrant, then he should have issued the warrant by passing a proper order recording his reasons for doing so.The plea pointed out that the Esplanade CMM ST Dande had called for remarks from the Andheri Magistrate on Ranaut's plea. The same was received but the CMM never placed it on record on the ground that it was confidential..Akhtar opposed the petition through his lawyer advocate Jay Bharadwaj who argued that the plea was devoid of merits. Bharadwaj stated that contrary to Ranaut's claims, the Andheri Magistrate had in fact accommodated her requests despite vehement opposition by Akhtar’s counsel.Right after issuance of process by the Andheri Magistrate, Ranaut had failed to appear and did not file any exemption application from her appearance. Despite this, the Magistrate did not take any coercive action, he added.Bharadwaj contended that the Magistrate had insisted on Ranaut’s presence only for recording of plea, hence it was incorrect to say that the Magistrate had directed her presence for every hearing.Ranaut had been trying to derail and delay the proceedings and had unsuccessfully challenged the procedural aspects of the Andheri Magistrate, he contended. He also relied upon the orders passed by the Sessions Court in April 2021 and even by the Bombay High Court in September 2021 upholding the procedure adopted by Andheri Magistrate..After hearing the appeal submissions in detail for over 2 days, the Additional Sessions Judge SU Baghele dismissed the revision application..Follow Bar and Bench channel on WhatsAppDownload the Bar and Bench Mobile app for instant access to the latest legal news.