Chennai: The Madras high court has directed the deputy commissioner, central crime branch, to register a case on the complaint of a production company, if a reading of the same discloses commission of cognisable offence, against film director Gautham Vasudev Menon and four other directors of Photon Kathas Production Private Limited, for cheating.
Disposing of a petition from R. Jayaraman, director of R.S. Infotainment Private Limited, Justice C.T. Selvam said, “It is made clear that where a direction under section 156 (3) CrPC stands issued by the jurisdictional magistrate, it shall be incumbent upon the police to register a case and investigate thereupon.
As a guideline for the future, it is made clear that if upon receipt of a complaint, petition enquiry is considered necessary, the same will have to be completed within seven days from the date of receipt of the complaint.”
According to petitioner’s counsel B. Ramesh Babu, the petitioner was producing several hit movies. After his Tamil film Vinnai Thandi Varuvaya became a super hit, he planned to remake this movie in Hindi under the title Ek Deewana Tha. Therefore, his company entered into a tripartite agreement with Photon Kathas Production company along with Fox Star Studios production company on May 16, 2011.
As per the agreement, his company and Photon Kathas had to invest 25 per cent each of the total cost of Rs 11 crore and the remaining by Fox Star, and the profit-sharing ratio was also the same.
However, after the release of the movie, without his knowledge, Photon Kathas company collected the full 50 per cent share from Fox Star company and did not pay his 25 per cent share.
Hence, he complained to the police, but there was no action. He approached a magistrate’s court which directed the police to take action. Still, there was no progress. Hence, the petitioner filed the present petition, Ramesh Babu added.
Disposing of the petition, Justice C.T. Selvam said in keeping with the judgment of the Supreme Court in the Lalita Kumari case, the deputy commissioner, CCB, Chennai, was directed to register a case on the complaint of the petitioner, if a reading of the same disclosed commission of a cognisable offence.
However, if any doubt arose, the deputy commissioner was to conduct a preliminary enquiry which shall not extend beyond seven days. In conducting the preliminary enquiry, they shall put the parties on notice.
After this, if any cognisable offence was made out, they shall duly register a case. In the event of effecting a closure of the case upon conducting a petition enquiry, a copy of the closure report should be forwarded to the complainant, the judge added.
