The Delhi High Court has granted a stay on further investigation against Yash Raj Films and its chairman, Aditya Chopra, in a case alleging the unauthorized use of a film script in the production of Shamshera.

Justice Anup Jairam Bhambhani, presiding over the matter, observed that the essential elements required to establish an offense under Section 63 of the Copyright Act and Section 420 of the Indian Penal Code (IPC) were not met in this case.

The court remarked, “This court is of the view that further investigation in the subject FIR may not be warranted.”

The case originated from a complaint by a scriptwriter who claimed that his copyrighted work, Kabhu Na Chhadein Khet, had been used without his consent. Represented by Advocate H.S. Bhullar, the complainant alleged that he had conceptualized the script in 2006 and had shared it with Yash Raj Films under misleading assurances. He asserted that his copyright was infringed when the production house allegedly incorporated his work into Shamshera without authorization.

Yash Raj Films, represented by Senior Advocate Abhishek Malhotra, contended that the allegations had been addressed in prior civil litigation. The court had previously dismissed an interim injunction request aimed at preventing Shamshera’s release on OTT platforms. It was argued that a coordinate bench had found the differences between the complainant’s script and the film to be more significant than the alleged similarities.

The court further noted that mere resemblance between creative works does not amount to copyright infringement unless there is substantial copying of core elements.

Advocate H.S. Bhullar, arguing for the complainant, asserted that Yash Raj Films had deliberately misrepresented facts and misused the script. He also pointed out discrepancies between the script submitted in the civil case and the one presented in the present proceedings, justifying the need for further investigation.

After hearing the arguments, the court considered its previous findings and determined that allowing further investigation could lead to undue harassment of Yash Raj Films. It underscored that while the High Court has the authority to stay an investigation, such power must be exercised judiciously to prevent abuse of legal processes and ensure justice.

The court further noted that in the absence of substantial evidence proving copyright infringement, criminal proceedings could not be justified merely on the basis of perceived similarities. Accordingly, it exercised its discretion to stay the investigation into the FIR, pending further hearings. The matter is now scheduled for the next hearing on May 7, 2025, with the respondents directed to file a status report in the interim.

• For Petitioner: Senior Advocate Abhishek Malhotra with Advocate Anukriti Trivedi

• For Respondent: Advocates H.S. Bhullar and Aditya Raj

• For State: Additional Public Prosecutor Manjeet Arya

• Case Title: Yash Raj Films Private Limited v State (CRL.M.C. 635/2025)