#BombayHighCourt begins hearing the plea filed by #KanganaRanaut against the cognizance taken by the Bandra Magistrate Court against a complaint alleging objectionable tweets put by Ranaut and her sister, Rangoli Chandel.
@KanganaTeam
@MumbaiPolice
@KanganaTeam
@MumbaiPolice
Adv Rizwan Siddiquee appearing for Ranaut begins his submissions.
Siddiquee: The tweets were done by two separate accounts one of @KanganaTeam and another of Chandel.
Siddiquee: The tweets were done by two separate accounts one of @KanganaTeam and another of Chandel.
Siddiquee: so if there are two separate accounts then there ought to have been two separate complaints. These complaints cannot be clubbed like that and this was not considered by the Magistrate.
Siddiquee: Further there was a general practice being followed by the lower court where they kept the papers in isolation for 2 days before taking up the matter.
Justice Shinde: But is there is a rule of the court?
Siddiquee: No milord like a general practice in the lockdown.
Siddiquee: No milord like a general practice in the lockdown.
Justice Shinde: But if there is an urgency, where they file and they seek immediate orders, then what?
Siddiquee: Milords I do not understand what is the urgency in a Section 156(3) complaint.
Siddiquee: Milords I do not understand what is the urgency in a Section 156(3) complaint.
Justice Shinde: But who decides what is the urgency? Everyone thinks their matter is urgent.
Siddiquee: The entire matter was heard in a haste. The matter was mentioned a day before and then the next day the order was passed.
Siddiquee: Milords my arguments are majorly limited to the point of the procedure. That basically procedure was not followed.
My written submissions are on record.
Siddiquee concludes his submissions
My written submissions are on record.
Siddiquee concludes his submissions
Adv Rizwan Merchant in behalf of the complainant begins his submissions.
Merchant: Is my learned friend going to limit his arguments to what he has submitted? Does this mean he is not pressing the other contentions?
Siddiquee: Procedure is my main contention, but all my contentions which I have mentioned in the petition are added to my written submissions which are on record.
Justice Shinde: Mr. Merchant he has only argued the main contention. We appreciate this. We think all lawyers should follow this.
Merchant continues his submissions.
He states that the compliance under Section 154(1) of CrPC has been complied with.
He submits a copy showing the compliance.
He states that the compliance under Section 154(1) of CrPC has been complied with.
He submits a copy showing the compliance.
Merchant submits that 15 days time for preliminary investigation was granted.
Siddiquee states that the complaint under Section 154(3) to the magistrate submitted to the court is different from the one which Merchant has submitted in the court right now.
Siddiquee points out that if the compliance under Sec 154(1) was followed and if the police had not conducted investigation then a complaint ought to have been filed.
Bench of Justices SS Shinde and Manish Pitale peruses the papers and points out that they find non-application of mind by the Magistrate.
Justice Pitale: The Magistrate should have checked for compliance. He should have seen there is no compliance under 154(3).
Justice Pitale: is it going to be any different from what has been submitted to us? (He refers to the certified copy of the record and proceedings of the lower court)
#BombayHighCourt calls for the record and proceedings of the Bandra Magistrate court in the complaint filed against #KanganaRanaut and sister Rangoli to verify on the disputed compliance.
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