Bombay High Court Stays Investigation Against Sony Pictures In FIR Over 'Scam 1992' Series

A division bench of Justices SS Shinde and NJ Jamadar granted the ad-interim relief until September 17 on Sony Pictures Network India Pvt Ltd and producer Applause Entertainment Private Limited's quashing petitions.

The FIR was registered on July 4, 2021 against unknown persons under Sections 500 (defamation) of the IPC, sections 102, 107 (falsely applying for trademarks) of the Trademarks Act and Sections 66C and 43(b) of the Information Technology Act.

In its FIR, the bank alleged that in the third episode of the web series, a logo was displayed in the background which resembles its trademark, causing severe damage to its financial, commercial and social reputation.

The petitioners sought the stay on three grounds; under the Trademarks Act, the investigation cannot be carried out by an officer below the rank of a Deputy Superintendent of Police, and defamation is a non-cognisable offence. Moreover, Trademarks Act is not applicable in the case given the High Court's order in Prateek Goyal vs State of Maharashtra they argued.

On enquiry, the prosecution conceded that an inspector level rank officer was conducting the investigation.

The court then exclaimed that there is no point in continuing the proceedings till the investigation measures are not corrected.

Background

Sony has refuted the allegations and claimed that 'Bank of Karaj' along with the contentious logo appears on a calendar in the background for a few seconds and it was used to show 'Bank of Karad,' considering their widely known involvement in the scam. The bank was placed under liquidation and later merged with the Bank of India in 1994.

"The FIR is without any basis and cannot be sustained in law or on the facts of the instant case. The same has been filed at the behest of Respondent 2(Bank) with malafide intentions to arm-twist the petitioner(Sony) into some sort of underserved settlement," Sony said in their plea.

In their petition, Sony further said that the series is an adaptation of the book titled 'The Scam: Who Won, Who Lost, Who Got Away.'

It added that there was a disclaimer at the beginning of every episode. In its plea, Sony levelled allegations regarding how the investigation is being conducted after the FIR was registered.

They said their authorised representative's statement was recorded, despite which he was repeatedly called by the police and threatened with arrest if they failed to pull down the series.

"The petitioner seek the indulgence and protection of this court because genuine and honest businesses and professionals like them ought not to be harassed and arm twisted by threats of criminal prosecution where a possible civil remedy, if at all lies," the plea states adding that the company has been booked for non-cognisable offences.

Appearances

Senior Advocate Shirish Gupte for Sony Pictures Network India Pvt Ltd

Senior Advocate Amit Desai along with counsel Vaibhav Bhure i/b ANM Global for Applause Entertainment Private Limited's

Case Title: Sony Pictures Network India Pvt Ltd vs State of Maharashtra

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