Kamal Kumar Jain v. State of Maharashtra
In the High Court of Bombay
W.P. 1571/2021
Before Justice S.S. Shinde and Justice N.J. Jamadar
Decided on June 08, 2021

Relevancy of the Case: Appeal against a Magistrate’s order directing the police to register an FIR in a case of copyright infringement of a cinematographic work

Statutes and Provisions Involved

• The Information Technology Act, 2000 (Section 65)
• The Copyright Act, 1957 (Section 63, 51)
• The Indian Penal Code, 1860 (Section 120B, 34, 406, 415, 418, 420)

Relevant Facts of the Case

• The petitioner has challenged an order passed by the learned Metropolitan Magistrate to register an FIR. The petitioner has also filed an affidavit of service of notice of circulation.
• The petitioner is ready to cooperate with the investigation agency and will appear before the investigating agency as and when needed.

Prominent Arguments by the Advocates

• The petitioner’s counsel submitted that there is an imminent apprehension of arrest of the petitioner for a crime which is ex facie not made out as there is no material indicating the copyright in the cinematographic work in infringed.

Opinion of the Bench

• The court does not need to issue a warrant for the petitioner’s arrest in the near future.

Final Decision

• The bench allowed the writ petition and directed the police not to arrest the petitioner till the next date.

Aditi Mangesh Sawant, an undergraduate student at NMIMS Kirit P Mehta School of Law, Mumbai, prepared this case summary during her internship with The Cyber Blog India in January/February 2024.