Ranaut said the trial court in its plea did not independently examine the complainant or the witnesses named in the complaint against him, but was at the discretion of the Juhu police and initiated the case against him.
On Wednesday, Siddiqui told a single bench headed by Justice Revati Mohite-Dere that the police investigation into Akhtar’s complaint was “one-sided”.
“My witnesses were never examined. The magistrate should have ensured that neither side is harassed,” Siddiqui told the HC.
Akhtar’s counsel Jai Bhardwaj, however, told the bench that the magistrate had ordered a police inquiry after going through Akhtar’s complaint and excerpts from the interview in which Ranaut had made the alleged defamatory remarks.
He further said that the police had summoned witnesses and concerned persons including Ranaut to ensure fairness in the investigation, but the actor never responded to the summons.
Akhtar had filed a criminal complaint against Ranaut in November last year before the Andheri Metropolitan Magistrate for allegedly making derogatory and baseless remarks against him in a television interview.
In December 2020, the court directed the Juhu police to investigate Akhtar’s complaint. The police later informed the court that the defamation charge was leveled against the actor by Akhtar, which was prima facie made out, and further investigation of the same was required.
The court, accordingly, initiated criminal proceedings against Ranaut and issued summons to him in February this year.
As per section 202 of CrPC, a Magistrate, on receipt of a complaint of an offense of which he is authorized to take cognizance, may inquire or direct the police to see whether there is any genuine case before issuing is formed. summons to the accused person
The High Court is likely to pronounce its verdict on Ranaut’s petition on September 9.
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