Sweta Singh-
Published on: August 23, 2021, at 19:17 IST
On Monday the High Court of Bombay occludes the investigation on Pune Police FIR in which Karad Urban Co-operative Bank (KUCB) asserts to be defamed by the web series ‘Scam 1992: The story of Harshad Mehta,’ which aired on SonyLIV App.
A division bench of Justices SS Shinde and NJ Jamadar acknowledged the ad-interim relief until September 17 on Sony Pictures Network India Pvt Ltd.
The FIR was registered on July 4, 2021, persons under Sections 500 (defamation) of the IPC, sections 102, 107 (falsely applying for Trademarks) of Sections 66C and 43(b) of the Information Technology Act and Trademarks Act.
Bank in its FIR, alleged that in the web series a logo was displayed in the background of the third episode, which resembles the Bank’s trademark, causing relentless damage to its, commercial, financial, and social reputation.
On three grounds The Petitioners sought the occlude; First, under the Trademarks Act, the investigation cannot be carried out by an officer below the rank of a Deputy Superintendent of Police, and second defamation is a non-cognizable offense. Moreover, Trademarks Act is not applicable in the case given the High Court’s order in Prateek Goyal vs State of Maharashtra they argued.
The prosecution admitted that an inspector-level rank officer was conducting the investigation during the inquiry.