The courtroom in Bombay High Court felt unusually packed on Monday morning, and for good reason. A Bench led by Chief Justice Shree Chandrashekhar and Justice Gautam Ankhad decided to pause the fallout from a controversial magistrate's order directing police to register an FIR against Flipkart.
The stay came as the judges heard Flipkart's plea challenging the earlier directive issued by the Additional Chief Judicial Magistrate (ACJM) on September 30.
Background
The dispute began after Shemaroo Entertainment alleged that Flipkart had taken clips from its copyrighted content and used them on social media to promote its platform. According to the complaint, this amounted to commercial exploitation without a licence.
The magistrate did not go into the exact titles allegedly used, but held that the complaint disclosed offences under the Copyright Act and the newly introduced provisions of the Bharatiya Nagarik Suraksha Sanhita.
Police, however, had refused to register the FIR, saying the use fell under fair dealing. The magistrate rejected that argument and directed the MIDC Police to proceed with investigation.
Court's Observations
Inside the courtroom, Senior Advocate Ravi Kadam, appearing for Flipkart, immediately referred to a Supreme Court ruling in Om Prakash Ambadkar v. State of Maharashtra, arguing that the magistrate’s approach exceeded the permissible scope at the pre-investigation stage.
The Bench did not express any view on the merits yet, but issued notice and made it clear that the matter deserved a full and proper hearing.
The Bench observed, "We will hear all sides before allowing further action to continue," a lawyer present in the court whispered after the hearing.
The judges took note of the fact that both the State and Shemaroo's lawyers voluntarily accepted notice and confirmed readiness to argue the matter on the next date.
Decision
After a brief but firm discussion, the Court ordered that no further proceedings shall continue based on the magistrate’s September 30 order until the case is heard in detail. The Bench stated:
"Till then, further proceedings pursuant to the order… shall remain stayed," bringing a temporary halt to the magistrate’s directions.
The matter is now scheduled for final disposal on November 24.
Case Title: Flipkart Internet Private Limited & Ors. vs. State of Maharashtra & Shemaroo Entertainment Pvt. Ltd.
Case Number: Criminal Writ Petition No. 5649 of 2025
