DSK Legal Team Represents Aditya Dhar, B62 Studios And Others In Criminal Defamation Proceedings Before J&K High Court

DSK Legal team represents Aditya Dhar, B62 studios and others in Criminal Defamation Proceedings Before J&K High Court

The leading law firm in India, DSK Legal, successfully represented the appellants in a significant matter before the Hon’ble High Court of Jammu & Kashmir and Ladakh at Srinagar. The case pertains to criminal defamation proceedings initiated against the makers of the film Article 370 for alleged use of a photograph in one of its scenes.

Background of the Case

Mr. Ghulam Mohammad Shah filed a criminal complaint before Chief Judicial Magistrate, Srinagar for criminal defamation under Section 356 of Bhartiya Nyaya Sanhita (“Criminal Complaint”) inter-alia against the Appellants/Petitioners i.e. Aditya Dhar, Lokesh Dhar, Aditya Suhas Jambhale and B62 Studios (“Appellants”) for allegedly using his photograph in one of the scene of the movie Article 370 (“said Film”).

Issuance of Summons by Magistrate

Based on the complaint, the Learned Magistrate issued summons dated 30th December 2025 directing the Appellants to appear before the Court on 7th February 2026. The summons were issued under Section 223 of the Bhartiya Nagarik Suraksha Sanhita (BNSS) to afford an opportunity to the accused persons before taking cognisance of the offence.

Challenge Before the High Court

Aggrieved by the summons, the Appellants approached the Hon’ble High Court by filing a petition under Section 528 of BNSS, challenging both the criminal complaint and the summons issued by the Magistrate.

Key Legal Arguments

One of the primary arguments raised by counsel for the Appellants was that prior to issuing pre-cognisance summons under Section 223 of BNSS, the Magistrate is legally obligated to examine the complainant and witnesses on oath. It was argued that the substance of such examination must be reduced to writing and duly signed by the complainant, witnesses, and the Magistrate.

This legal position was supported by various judicial precedents from different High Courts of India, which were relied upon before the Hon’ble High Court.

Observations of the High Court

After hearing detailed submissions, the Hon’ble High Court (Ms. Justice Moksha Khajuria Kazmi), vide order dated February 6, 2026, called for the record and proceedings from the Court of Learned Forest Magistrate, Srinagar.

The High Court prima facie observed that the Magistrate had not proceeded in accordance with law. It specifically noted:

Interim Relief Granted

In view of the above observations, the Hon’ble High Court issued notice to the Respondent and stayed the proceedings pending before the Learned Magistrate till the next date of hearing. The matter is now listed for further hearing on 23rd March 2026.

DSK Legal Team Representation

The Appellants were represented by DSK Legal through a team comprising Adv Farman Ali (Magrey), Parag Khandhar (Partner), Chandrima Mitra (Partner), and Diva Chanchani(Principal Associate). Advocates Ibrahim Alam and Sikandar Hayat Khan also assisted in the matter. The external counsel appearing on behalf of the Appellants was Senior Counsel Syed Faisal Qadri.

Conclusion

This matter highlights the importance of strict adherence to procedural safeguards before criminal process is initiated. The interim stay granted by the Hon’ble High Court reinforces the principle that due process must be followed before summoning any accused. DSK Legal continues to effectively represent its clients in complex and high-stakes litigation matters across India.

Click to know more about DSK Legal

If you have a news or deal publication or would like to collaborate on content, columns, or article publications, connect with the Legal Era News Network Team and email us at info@legalera.in or call us on +91 8879634922.