Shamshera Movie Copyright Case: Delhi High Court Stays Further Investigation In FIR Against Yash Raj Films, Aditya Chopra
The Delhi High Court has stayed further investigation against Yash Raj Films Private Limited and director Aditya Chopra in the FIR registered against them in relation to the Shamshera movie copyright case.The FIR was registered on May 01, 2024, for the offences under Section 63 (offence of copyright infringement) of Copyright Act and Section 420 (cheating and dishonestly inducing someone...
The Delhi High Court has stayed further investigation against Yash Raj Films Private Limited and director Aditya Chopra in the FIR registered against them in relation to the Shamshera movie copyright case.
The FIR was registered on May 01, 2024, for the offences under Section 63 (offence of copyright infringement) of Copyright Act and Section 420 (cheating and dishonestly inducing someone to deliver property) of Indian Penal Code.
Justice Anup Jairam Bhambhani observed that further investigation in the FIR may not be warranted since the essential ingredients of the offence under section 63 of the Copyright Act and section 420 of Indian Penal Code were not made-out.
“In these circumstances, permitting the investigation to continue while this court is in-seisin of the present petition, would result in needless harassment to the petitioners, when prima-facie the allegations in the subject FIR are not made-out,” the Court said.
It added: “Accordingly, further investigation in case FIR No. 184/2024 dated 01.05.2024 registered under sections 63 of the Copyright Act and section 420 IPC at P.S.: Greater Kailash, Delhi in so far as it relates to petitioner No. 1/Yash Raj Films Private Limited and petitioner No.2/Aditya Chopra shall remain stayed till the next date of hearing.”
The FIR was registered by one Bikramjeet Singh Bhullar, alleging that the movie is an infringement of his copyrighted script “Kabu na chhadein Khet.”
It was alleged that makers of the film violated his copyright to the literary work, being the film script, conceived in 2006, and had also committed the offence of cheating by inducing him into sharing his script with them. Bhullar alleged that the script in was used in the production of their film by violating his copyright in the script.
Issuing notice in the plea, the Court directed the Delhi Police to file a status report in the matter.
Justice Bhambhani noted that a coordinate bench in 2023 had expressed a clear inference that prima-facie in producing the film “Shamshera”, the makers, who were defendants in the suit, had not infringed Bhullar's copyright in the script.
“In this factual backdrop, this court reminds itself that though the law empowers a High Court to stay investigation in a given case, such power is to be exercised with due circumspection and only in cases where it appears necessary to stay investigation to prevent abuse of process and to promote the ends of justice,” the Court said.
The matter will now be heard on May 07.
Title: YASH RAJ FILMS PRIVATE LIMITED & ANR v. STATE OF NCT OF DELHI & ANR.
Citation: 2025 LiveLaw (Del) 295