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Synopsis

The Punjab and Haryana High Court on Monday, giving interim relief to Bollywood actress Kangana Ranaut, directed the trial court to adjourn the proceedings in the defamation case against Ranaut beyond the date fixed before the High Court.

A bench of Justice Meenakshi I. Mehta issued notice in the matter while starting, "Meanwhile, the trial Court shall adjourn the criminal complaint case, as pending before it, beyond the next date of hearing as fixed in the present petition."

Advocate Abhinav Sood appearing for the actress submitted before the Court that the Magistrate while issuing the summoning Order had not considered the Twin Test as laid down in the Subramaniam Swamy case 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 also submitted that ingredients of Section 499, IPC were not made out and the re-tweet was not intended at or likely to harm the complainant. He stressed that the trial court had erred in not providing any reasons for issuing summons and the order was ex-facie devoid of judicial application of mind.

The bench was hearing a plea filed by Bollywood actor Kangana Ranaut challenging the criminal defamation proceedings initiated on the complaint of Mahinder Kaur before the Magistrate Court, Bathinda.

The complaint was filed in January 2021 wherein Mahinder Kaur had alleged that during the farmers' protest, Kangana had made a defamatory tweet making “false imputations and remarks”. 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 tweet, Mahinder Kaur, a farmer by profession, filed a complaint before the Magistrate Court, Bathinda against Ranaut seeking initiation of criminal proceedings U/s 499/500 of IPC for defamation, as she had made false imputations. Upon receipt of the complaint, the Magistrate Court Bathinda summoned Ranaut on February 22.

Last year, Kangana Ranaut was stopped by protesting farmers in Punjab’s Ropar district demanding an apology for her alleged remarks on the farmers who had been protesting against the Center's three Farm laws last year. The actor alleged that she was “attacked” by a mob, who “abused” and “threatened to kill her”. In November 2021, Kangana Ranaut filed an FIR against Manpreet Singh and others of Bathinda who had issued her life threat on Facebook.

Case Title: Kangana Ranaut Vs. Mahinder Kaur