[Rang De Basanti] Aurangabad Court discharges Rakeysh Omprakash Mehra in copyright infringement complaint

Bollywood director Rakeysh Omprakash Mehra, prime accused in a copyright infringement criminal case, was discharged from the case by an Aurangabad court..Mustaq Mohsin, the complainant, claimed that he had discussed a script titled 'Inquilab' with Mehra who in turn used the same for his film Rang de Basanti' which was released in 2006. The producer of the film, Ronnie Screwvala was also arraigned an accused..On Mohsin's complaint, the Judicial Magistrate at Aurangabad had issued process against Mehra and Screwvala. Mehra then moved an application for discharge on the following grounds: No offence was made out to issue process;Complainant did not make out ingredients of the offence and suppressed material facts misleading the court to obtain order of issue process;Entire script of Rang de Basant is unique and original and altogether different from the alleged script of 'Inquilab';Under the Copyright Act, there is no bar to produce identical result by using same idea, as there is no copyright for idea;Alleged script is not copyright protected, nor published;Entire dispute would have to be endorsed as that being of pure civil nature;The Principal District Judge had returned the civil suit filed by Mohsin and the order of return of plaint has not been challenged which reflects that "the intention to prosecute is to gain unwanted publicity by misuse of police and judicial machineries"..Incidentally, Screwvala assailed the order before the Aurangabad Sessions Court which set aside the order issuing process. The Sessions Court also observed that the "criminal proceeding itself was not tenable as the story (Inquilab) was not registered" and that there was no "prima facie material to prove the offences punishable under the Copyright Act". The complaint against Screwvala was dismissed by the Sessions Court..While hearing Mehra's discharge application Judicial Magistrate VH Khedkar relied upon the order of the Sessions Court. The judge noted that the revision application had been allowed but not by "distinguishing the role of accused no. 2 (Screwvala) from present accused (Mehra)" and that order had not been challenged in High Court. Hence, the observations made for the present proceeding by a Sessions Court were binding on the lower court. .In light of the binding observations of the Sessions Court, the Magistrate deduced there was no purpose in framing charge and proceeded to discharge Mehra."In such circumstance, if the charge is framed, it will be groundless charge. Therefore, it is proper to discharge accused No. 2 vide Section 245(2) of the Code of Criminal Procedure," the order by Judge Khedkar said.[Read Magistrate Order].[Read Sessions Court Order for Screwvala]