DSK Legal Team Represents Reliance Industries Limited And Jyoti Deshpande In Criminal Defamation Proceedings Before J&K High Court

DSK Legal team represents Reliance Industries Limited and Jyoti Deshpande in Criminal Defamation Proceedings Before J&K High Court

The leading law firm in India, DSK Legal, successfully represented Reliance Industries Limited and Jyoti Deshpande in a significant matter before the Hon’ble High Court of Jammu & Kashmir and Ladakh at Srinagar. The case relates to criminal defamation proceedings initiated in connection with the alleged use of a photograph in the movie Article 370.

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. Reliance Industries Limited and Jyoti Deshpande (“Appellants”) for allegedly using his photograph in one of the scene of the movie Article 370 (“said Film”).

Issuance of Summons by Magistrate

In the said criminal complaint, the Learned Magistrate issued summons dated 30th December 2025 directing the Appellants to appear before the Magistrate 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 challenged both the criminal complaint and the impugned summons by filing a petition under Section 528 of BNSS before the Hon’ble High Court.

Key Legal Arguments

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

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

Observations of the High Court

After hearing the counsel for the Appellants, 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

Reliance Industries Limited and Jyoti Deshpande were represented by DSK Legal through a team comprising Adv Farman Ali Magrey, Parag Khandhar (Partner), Chandrima Mitra (Partner), and Diva Chanchani. 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 underlines the importance of strict compliance with procedural requirements before initiating criminal proceedings. The interim stay granted by the Hon’ble High Court reiterates that due process must be followed before summoning any accused. DSK Legal continues to demonstrate its expertise in handling sensitive and complex litigation matters across jurisdictions.

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