Bombay HC stays Pune Police probe against web series host, producer – Hindustan Times

The Bombay high court has temporarily restrained Pune Police from continuing their investigation in the FIR registered against Sony Pictures. The investigation was initiated based on a criminal defamation FIR registered at the behest of Karad Urban Cooperative Bank for alleged depiction of its logo in one of the episodes of the web series “Scam 1992: The Harshad Mehta story.”

The division bench of justices SS Shinde and NJ Jamadar, while hearing the petitions filed by Sony Pictures and Sameer Nair, the CEO of Applause Entertainment Pvt Limited which produced the web series, was informed that the petitions sought to quash the FIR registered in Pune in July and a stay on the investigations till the petitions were decided.

The FIR stated that in the third episode of the web series, a logo resembling the bank’s trademark was displayed in the background which has caused serious damage to its financial, commercial and social reputation

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According to the petition by Sony, the web series was owned and produced by Applause Entertainment and it was a cinematic adaptation of the book titled “The Scam: Who won, Who lost, Who got away”. The petition stated that a disclaimer — that the series does not bear any resemblance to any actual person and hence was not liable for any content — was displayed prior to every episode.

The petition further states that the Bank of Karaj used in the series was a pseudonym for Bank of Karad and their alleged involvement in the scam was in public domain and confirmed by the RBI. “However, for ulterior motives, the complainant appears to have zeroed in with a laser beam on the fleeting display of a logo appearing on a calendar at the back of actors in a scene and registered the FIR,” says the petition.

Shirish Gupte, senior counsel for Sony, submitted that the investigations were not in conformity with section 115 (4) of the Trademarks Act which stipulates that an officer of a rank not less than deputy superintendent (DySP) of Police has to conduct the probe, however the notice issued to his client was by a police inspector (PI).

Amit Desai, senior advocate for Nair, said the web series could not be covered under the definition of goods under the Trademarks Act and hence no offence was made out under the said law.

The court ahs granted ad-interim relief and stayed the investigation for three weeks and posted hearing of the petitions on September 17.