DSK Legal Secures Interim Stay In Criminal Defamation Matter For Mr. Aditya Dhar, Mr. Lokesh Dhar, Mr. Aditya Suhas Jambhale, And B62 Studios

DSK Legal Secures Interim Stay in Criminal Defamation Matter for Mr. Aditya Dhar, Mr. Lokesh Dhar, Mr. Aditya Suhas Jambhale, and B62 Studios

The leading law firm in India, DSK Legal represented Mr. Aditya Dhar, Mr. Lokesh Dhar, Mr. Aditya Suhas Jambhale, and B62 Studios before the Hon'ble High Court of Jammu and Kashmir and Ladakh at Srinagar in proceedings challenging a criminal complaint filed by Mr. Ghulam Mohammad Shah for alleged criminal defamation under Section 356 of the Bharatiya Nyaya Sanhita (BNS). The complaint arose out of the alleged use of the Respondent's photograph in a scene of the feature film Article 370.

Background of the dispute

Pursuant to the complaint, the Learned Chief Judicial Magistrate, Srinagar issued summons dated 30th December 2025 directing the Appellants to appear on 7th February 2026. The summons were stated to have been issued under Section 223 of the Bharatiya Nagarik Suraksho Sanhita (BNSS), prior to taking cognisance of the alleged offence.

Aggrieved by the issuance of the summons and the criminal complaint, the Appellants approached the Hon'ble High Court by way of a Petition under Section 528 of BNSS seeking quashing of the complaint and the impugned summons. A key contention raised on behalf of the Appellants was that, before issuing pre-cognisance summons under Section 223 of BNSS, the Magistrate is mandatorily required to examine the complainant and witnesses upon oath, reduce the substance of such examination into writing, and obtain signatures as prescribed by law. It was submitted that this procedural safeguard had not been complied with, rendering the summons unsustainable. Reliance was placed on various judicial precedents of different High Courts reinforcing this legal position.

Interim stay granted by the High Court

After hearing the Appellants, the Hon'ble High Court (Ms. Justice Moksha Khajuria Kazmi), by order dated 6th February 2026, called for the records and proceedings from the Court of the Learned Magistrate, Srinagar. The Hon'ble Court prima facie observed that the record did not indicate compliance with the mandatory procedure under law, noting that while pre-cognisance notice had been issued directing appearance, there was nothing on record to demonstrate that statements of the complainant or witnesses had been recorded.

In view thereof, the Hon'ble High Court issued notice to the Respondent and granted an interim stay on further proceedings in the criminal complaint pending before the Learned Magistrate. The matter is presently listed for further hearing on 23rd March 2026.

Legal representation

The legal team at DSK Legal representing the Appellants included Mr. Parag Khandhar (Partner), Ms. Chandrima Mitra (Partner), and Ms. Diva Chanchani (Principal Associate). Sr. Counsel Mr. Syed Faisal Qadri appeared as External Counsel. Adv. Farman Ali Magrey served as Advocate on Record with DSK Legal.

Conclusion

This interim order reinforces the requirement for strict adherence to procedural safeguards under BNSS for pre-cognisance summons. It provides temporary relief to the Appellants while the High Court considers the quashing petition and highlights the importance of judicial oversight in criminal defamation proceedings.

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