Delhi High Court Refuses To Halt Release Of 'UP 77' After Producer Says Web Series Not Based On Slain Gangster Vikas Dubey's Life

The Delhi High Court on Wednesday (December 24) refused to halt the release of web series “UP 77” purportedly based on the life of gangster Vikas Dubey who was killed in a police encounter in July 2020.The series is slated to release on December 25 on Waves OTT platform.After hearing the parties Justice Sachin Datta in its order dictated:"Counsel for respondent 2 and producer have entered appearance. It has been submitted by the respondents that it is a pure work of fiction, and not based on real life story of any person including petitioner's husband. Attention is drawn to the disclaimer that will be displayed...it is further stated by the private respondents that they will issue an undertaking or press release to deal with the concerns of the petitioner that the series is not based on real life story. Let an affidavit to the said effect be filed within two weeks. None of the promotional material in relation to the series should refer to the name of petitioner's husband... This court is not inclined to interfere with the release of web series at this stage". During the hearing the counsel appearing for the Waves OTT platform submitted, "We are the OTT platform, not the producer. It is a work of fiction, based on true events".However the court said that the grievance is there in reference to petitioner's husband in promotions, to which the respondent's counsel answered in the negative. Petitioner counsel meanwhile said that if the promotional video, it says "story of most dangerous gangster in UP"."They write story about india's most talked about encounter. It is going to give lots of stigma to my client and her family," the counsel said. The court however asked the petitioner's counsel to show the promotional video. It further asked the producer's counsel if video was referring to petitioner in the promotions.To which the respondent's counsel said, "No. The name is Vishal Joshi. The petitioner name is Richa Dubey and her husband name is Vikas Dubey. It is a fictional… this is a disclaimer". The counsel said that everything is there in public domain. At this stage the court said to respondent's counsel, "You will add in disclaimer that there is nothing to do with Vikas Dubey.I will keep this pending. I will record your statement".After dictating the order petitioner's counsel said, "If they may change the surname. It is complete impersonation". To which the court orally said, "Sorry. I am not inclined"The matter is next listed on January 7, 2026. The plea is moved by Dubey's wife, Richa Dubey. She claimed that the show is produced on her and her deceased husband's private and marital life, without her consent.The plea states that Dubey's sons are still undergoing emotional, social and psychological consequences of their father's death and have consciously chosen to live away from public glare.The wife contends that the depiction of the series is fictionalised, exaggerated and sensational, aimed solely at commercial gain.“That the Petitioner apprehends that the film will Permanently damage her dignity; Subject her and her sons to public ridicule and also Re-open the past trauma and may endanger her social standing and safety,” the petition says. The plea seeks to restrain the makers of the series from releasing or broadcasting the content.Dubey was killed in an encounter on the morning of July 10, 2020, when a police vehicle carrying him from Ujjain to Kanpur met with an accident and he tried to escape from the spot in Bhauti area, the police had said. Prior to Dubey's encounter, five of his alleged associated were killed in separate encounters.In April 2022, a three-member inquiry commission headed by former Supreme Court judge Justice(Retd) B S Chauhan had given clean chit to UP Police as it had not found evidence of wrongdoing on the part of Uttar Pradesh police in the encounter killings of gangster Vikas Dubey and his five associates.On July 22, 2020, the Supreme Court had approved Uttar Pradesh government's draft notification to appoint Justice (retd) Chauhan as chairman of the 3-member inquiry commission to probe killings of eight policemen and the subsequent encounter killings of Dubey and his associates.In August, 2020 the Top Court had dismissed a plea preferred by Advocate Ghanshyam Upadhyay seeking to dissolve the inquiry commission set up to look into the gangster's alleged killing. Upadhyay in the petition had raised questions with regards to Justice BS Chauhan heading the commission.Title: Richa Dubey v. Union of India & Ors Citation: 2025 LiveLaw (Del) 1770

Delhi High Court Refuses To Halt Release Of 'UP 77' After Producer Says Web Series Not Based On Slain Gangster Vikas Dubey's Life

Nupur Thapliyal

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