The actress had filed a transfer petition last month, saying she had “lost faith” in the Andheri Metropolitan Magistrate’s court.
The Additional Chief Metropolitan Magistrate Court here has held that Andheri Metropolitan Magistrate, who is presiding over the defamation case filed by lyricist Javed Akhtar Kangana RanautHas acted “prudently” and showed no prejudice against the actor.
Just because the court proceeds by following the process of law, does not mean that it is biased against the applicant, Additional Chief Metropolitan Magistrate ST Dande said in his order in which it dismissed Ms. Ranaut’s plea. in which transfer was sought. case in any other court.
The Additional Chief Metropolitan Magistrate dismissed Ms Ranaut’s plea on October 21, but its detailed order was made available on Saturday.
The actress, while filing the transfer petition last month, said that she had “lost faith” in the Andheri Metropolitan Magistrate’s court as it had indirectly “threatened” her to issue a warrant if she appears before him in a bailable offence. failed in The petition also alleged that the court was biased against him.
However, Ms Dande in her order ruled that the Metropolitan Magistrate, 10th Court, Andheri has given a reasonable opportunity to the accused to remain absent by accepting all his exemption applications.
“I have studied all the orders passed by the Metropolitan Magistrate, Andheri. They have passed orders judiciously,” she said.
Further, the order passed by the Andheri court was confirmed by the sessions court. Further, the High Court had dismissed Ms Ranaut’s plea seeking quashing of criminal defamation proceedings initiated against her by the magistrate, the court said.
“This shows that the Metropolitan Magistrate, Andheri has acted in a prudent manner and is not biased against the applicant,” the CMM Court said.
“Just because the court proceeds with the matter by following the process of law does not mean that the court is biased against the applicant/accused,” it added.
It further said that the matter cannot be transferred from one court to another on the ground of “apprehension”.
The court said it was of the view that Ms. Ranaut had failed to make an affirmative, substantive case to show that her apprehension was reasonable.
“Unless some positive, substantive case is shown, which shows that there is a reasonable apprehension of not getting a fair trial or fair justice from the court concerned, proceedings shall not be transferred from one court to another on mere vague and general charges.” could,” it said. .
If the case is transferred on the basis of false allegation, it will affect the morale of the presiding officer.
The court ruled that no ground has been made out for transfer of the case from the Metropolitan Magistrate’s Court, Andheri to any other court.
Mr. AkhtarThe 76-year-old had filed a complaint in an Andheri court in November last year, claiming that Ms Ranaut had made defamatory statements against him in a television interview, which had allegedly damaged her reputation.
In his complaint, Mr Akhtar claimed that Ms Ranaut dragged his name during an interview referring to a ‘kotri’ present in Bollywood after the alleged suicide by actor Sushant Singh Rajput in June last year.
Ms Ranaut has also filed a counter complaint against Mr Akhtar at the Metropolitan Magistrate Court in Andheri Court for alleged “extortion and criminal intimidation”.
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