- Date of judgment
- Judge
- Alok Aradhe
- Outcome
- Allowed
Headnote
Summoning order and the entire criminal proceeding quashed. The complaint alleging that the film Kahaani-2 copied the complainant's script contained bald and unsubstantiated allegations that did not even prima facie disclose any similarity, and neither the complainant nor his witnesses identified a single feature said to be copied. The Dispute Settlement Committee of the Screen Writers Association, comprising experts, had already found no similarity and dismissed the complaint, a material fact the complainant concealed from the court. The Magistrate's summoning order recorded no satisfaction as to similarity and was mechanical. Decisively, the appellant's synopsis and script were registered in 2012 and 2013 while the complainant's script was registered only in 2015, so the complainant's work did not exist when the appellant registered his screenplay and infringement could not arise. The proceedings were held manifestly frivolous and vexatious.
Headnote by BRB Legal, written from the judgment: a summary for reference, not legal advice. Read the judgment itself before relying on it.