The Uttarakhand High Court today refused to maintain on technical grounds filmmaker Rakesh Roshan's writ petition seeking quashing of an FIR by a Dehradun-based author accusing him of plagiarising his story and using it in his 2013 blockbuster "Krissh 3".
Noting that Roshan's petition was not maintainable under the section it was filed, the single bench of Justice U C Dhyani asked him to file a fresh writ petition if he so desires under a different section within 10 days to seek the court's intervention in the matter.
Refusing to maintain the petition, Justice Dhyani said the remedy of invoking the inherent jurisdiction of the court under section 482 the Code of Criminal Procedure was not available to the petitioner.
He directed that the fresh writ petition under article 226 may be filed for the relief prayed for within 10 days if he so desires.
Meanwhile,the court also directed the state not to arrest Roshan.
Roop Narayan Sonkar had filed an FIR against Roshan in May charging him with plagiarising his story.
Roshan had filed the writ petition in the high court on Monday invoking its inherent jurisdiction to quash the FIR in which Sonkar had claimed he was the original author of the novel "Suardaan" which was used by Roshan in his movie "Krissh 3".
He demanded action against Roshan for alleged violation of copyright act.
