Javed Akhtar moves sessions court, challenges summons by magistrate on Kangana Ranaut's complaint

economictimes.indiatimes.com:

Javed Akhtar has approached a sessions court here against summons issued against him by a magistrate in a case filed by actor Kangana Ranaut, and claimed the order was passed in a hasty and inappropriate manner resulting in «grave miscarriage of justice». Akhtar has moved a revision petition before the sessions court in suburban Dindoshi and the matter will be heard on August 8.

Metropolitan magistrate (Andheri court) R M Shaikh on July 24 issued the summons against Akhtar, asking him to appear before the court on August 5. The magistrate dropped the extortion charges against Akhtar, but said there is sufficient ground to proceed against him for criminal intimidation.

Akhtar's plea claimed the order (for issuance of summons) has been passed «erroneously» as the same is in contravention to the settled law as well as facts. The magistrate has failed to deliberate over the case at hand and jumped to conclusions in a «hasty and inappropriate manner» which has resulted in «grave miscarriage of justice,» it said.

The plea, filed through advocate Jay Bharadwaj, further claimed that prima facie there is nothing on judicial record which shows that there was sufficient material available with the magistrate for passing the impugned order. «The magistrate simply proceeded on the bald and unsubstantiated averments made in the complaint without ascertaining the overall factual matrix and the judicial record,» it said.

The plea also said the magistrate failed to record any reasons whatsoever for issuing summons against the petitioner. The magistrate court only relied on the verification statement of the complainant (Ranaut) and witnesses, the petition said, claiming «this is clearly indicative of lack of application of judicial mind.»