Court acquits Nawab Malik in 2021 defamation case after BJP functionary withdraws complaint
Mumbai, June 30 (PTI): A magistrate court here on Monday closed defamatory proceedings against former Maharashtra minister Nawab Malik and acquitted him after BJP functionary Mohit Kamboj withdrew his complaint while expressing his inability to attend the court daily.
Chief Judicial Magistrate, First Class (Mazgaon court), A A Kulkarni accepted Kamboj's plea to withdraw the case under section 257 of the Criminal Procedure Code (CrPC).
"The accused stands acquitted of the offence under IPC section 500 (defamation) and the proceeding is hereby closed," the court ruled.
Section 257 of the Criminal Procedure Code (CrPC) deals with the withdrawal of a complaint. It allows a complainant to withdraw their complaint before a final order is passed by the magistrate, provided they satisfy the magistrate that there are sufficient grounds for the withdrawal. If the magistrate permits the withdrawal, the accused is acquitted.
"Since this court is desirous of keeping the said case on a day-to-day basis, I am desirous to withdraw the case filed against the accused as I will be unable to attend the court on a daily basis," Kamboj stated in his application.
"I have voluntarily decided to withdraw the case, and no undue pressure or coercion has been exerted upon me in this regard," it added.
Kamboj had filed a complaint before the magistrate's court claiming Malik, in a press conference held on October 9, 2021, on the NCB raid on a cruise ship "purposefully and intentionally defamed" him (Kamboj) and his brother-in-law Rishab Sachdev.
Kamboj had accused Malik of grossly misusing his dominant position to defame him and his family with highly speculative statements without any evidence to substantiate his malicious claims.
He had sought action against Malik for allegedly committing offences under sections 499 and 500 (defamation) of the Indian Penal Code.
The Narcotics Control Bureau raided a cruise ship in October 2021 and arrested 20 people, including Bollywood superstar Shah Rukh Khan's son Aryan Khan, in connection with a purported drug case. Aryan and some others were later granted bail.
Malik had repeatedly termed the cruise drugs case as "fake" and levelled several allegations against NCB's then Mumbai zonal director Sameer Wankhede, who has denied the charges.
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CPI(M) rebel Kunhikrishnan hopes for 5,000-vote win in Payyanur
Kannur (Kerala) (PTI): CPI(M) rebel candidate V Kunhikrishnan, who contested as a UDF-backed Independent from Payyanur here, on Saturday said he was hoping to win the Assembly election by a margin of 5,000 votes.
Kunhikrishnan was expelled from the CPI(M) earlier this year after raising allegations of corruption in the party’s martyrs’ fund against sitting MLA T I Madhusoodanan.
Speaking to a TV channel, Kunhikrishnan said he had announced his candidature as a mark of protest and not with expectations of victory.
However, he said the situation had changed drastically, with a strong undercurrent within CPI(M) votes favouring him.
"The undercurrent in CPI(M) votes cannot be measured. Now people are giving a response indicating victory with a margin of at least 5,000 votes," he said.
Payyanur is considered a CPI(M) stronghold, and a defeat for Madhusoodanan there would be a major setback for the party.
On political violence in Payyanur, Kunhikrishnan said he had been facing it since filing his nomination.
"The people leading this violence should think about how long they can continue it. It is the police which has to take the initiative to stop this violence as part of maintaining law and order. But the police are not intervening at the required level," he said.
Regarding his political future, Kunhikrishnan said efforts were underway to strengthen Left groups, and discussions were being held across Kerala in that regard.
"After discussing with others, a decision will be taken," he said.
Kunhikrishnan is among six former CPI(M) leaders who either exited the party or were suspended before contesting for the UDF in the April 9 Assembly elections.
Elections to the 140-seat Kerala Assembly were held on April 9, and the counting of votes will be held on May 4.
