This story is from December 18, 2021

Bombay HC relief for Malik, stay on summons by Washim court

Bombay HC relief for Malik, stay on summons by Washim court
Nawab Malik
Nagpur: In a relief to state cabinet minister Nawab Malik, the Nagpur bench of Bombay high court on Friday stayed the summons issued by a sessions court in Washim in a defamation complaint filed by Sanjay Wankhede, a relative of NCB zonal director Sameer Wankhede.
Additional sessions judge had, on December 4, directed the minister to appear before the court.
“Only non-applicant — Malik — was not required to be noticed or heard, since at this stage the alleged accused has no right of hearing. It is not necessary to make an elaborate reference to the allegations in the application filed by Wankhede,” said Justice Rohit Deo, while issuing a notice to the complainant to reply by January 14.
Wankhede had prayed to the sessions court to direct Washim police to probe the complaint lodged by him on November 6 against Malik alleging commission of offence punishable under Section 3(1)(q)(r) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989.
Malik’s counsel J B Gandhi contended that the notice was illegal and the application under CrPC’s Section 156 (3) does not make out a case for issuance of direction to investigate. Moreover, the Washim court has no territorial jurisdiction to entertain the application, said the counsel. —Vaibhav.Ganjapure
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