Metropolitan Justice of the Peace (Andheri courtroom) R M Shaikh on July 24 issued the summons towards Akhtar, asking him to seem earlier than the courtroom on August 5.
The Justice of the Peace dropped the extortion prices towards Akhtar, however mentioned there may be ample floor to proceed towards him for prison intimidation.
Akhtar’s plea claimed the order (for issuance of summons) has been handed “erroneously” as the identical is in contravention to the settled regulation in addition to details.
The Justice of the Peace has didn’t 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 mentioned.
The plea, filed by means of advocate Jay Bharadwaj, additional claimed that prima facie there may be nothing on judicial file which exhibits that there was ample materials obtainable with the Justice of the Peace 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 mentioned.
The plea additionally mentioned the Justice of the Peace didn’t file any causes in any respect for issuing summons towards the petitioner.
The Justice of the Peace courtroom solely relied on the verification assertion of the complainant (Ranaut) and witnesses, the petition mentioned, claiming “this is clearly indicative of lack of application of judicial mind.”
“The magistrate failed to appreciate that serious prejudice shall be caused to the rights of the petitioner if he is made to face the trial in a time-barred matter, that too where the ingredients of all the sections alleged in the complaint are not applicable,” the applying mentioned.
Akhtar (76) filed the grievance in 2020, claiming Ranaut made defamatory statements towards him in a tv interview, which allegedly broken his fame.
In his grievance, Akhtar claimed Ranaut dragged his identify throughout an interview whereas referring to a ‘coterie’ present in Bollywood, following the alleged suicide by actor Sushant Singh Rajput.
Later, Ranaut filed a counter-complaint in the identical courtroom towards Akhtar for alleged “extortion and criminal intimidation”.
The actor in her grievance towards Akhtar mentioned following her public dispute together with her co-star, the lyricist had known as her and her sister Rangoli Chandel to his home with “malafide intentions and ulterior motives and then criminally intimidated and threatened” her.