The Punjab and Haryana High Court today directed the trial court to adjourn the proceedings in the defamation case against actor Kangana Ranaut post September 8.
Kangana Ranaut has sought quashing and setting aside the proceedings initiated by the Magistrate Court Bathinda through her counsel Mr. Abhinav Sood. The matter was last listed on 8 July 2022 when it was heard at length and thereafter was posted for today for further consideration before the court of Hon’ble Justice Meenaksi I. Mehta.
Advocate Abhinav Sood appearing for Actress Kangana Ranaut apprised the Court that the Ld. Magistrate while issuing the summoning Order had not considered the Twin Test as laid down in Subramaniam Swamy and has misconstrued the provision as contained in Section 202 Cr.P.C.
Sood further argued that the actor had only retweeted and the Original author was not arrayed as an accused in the Complaint case.
It was further argued that ingratdients of Section 499 were not made out and the re-tweet was not intended at or likely to harm the complainant and the trial court had erred in not providing any reasons for issuing summons and that the order was ex-facie devoid of judicial application of mind.
In the Background;-
In January 2021, Mahinder Kaur had alleged that during the farmer protest, Kangana had made a defamatory tweet wherein “false imputations and remarks” were made against her. In the tweet Mahinder Kaur was compared with the “Dadi” at Shaheen Bagh and it was stated that such protestors could be hired.
Based on the said alleged tweet, the lady farmer, filed a complaint before the Magistrate Court, Bathinda, seeking initiation of criminal proceedings U/s 499/500 for defamation against Kangana Ranaut as she had made false imputations.
The magistrate Court Bathinda on the Complaint of Mahinder Kaur had summoned Ranaut on 22.02.2022 and had ordered Ranaut to appear on 19.07.2022 through Senior Superintendent of Police, Bathinda.
On Ranaut’s Petition, challenging the Complaint and Summoning Order, Justice Meenakshi I. Mehta issued notice to the complainant and asked the trial Court to adjourn the proceedings in the complaint case till September 8. Senior Advocate Ms. G.K. Mann put her appearance on behalf of the Complainant and accepted notice.
Advocate Abhinav Sood has earlier represented Actor Raveena Tandon, Bharti Singh, Farah Khan and many other film and Tv stars and has got them relief. Sood also represents many TV Chanel’s & OTT platforms before the Punjab & Haryana High Court.