HC quashes FIR lodged against Prashant Kishor over 'intellectual property theft'

The Patna High Court has quashed a six-year-old FIR against Prashant Kishor, citing that there can be no copyright in an idea or theme.

The Patna High Court has quashed a six-year-old FIR against Jan Suraaj Party founder Prashant Kishor, who had been accused of intellectual property theft.

Justice Sandeep Kumar, through an order dated May 12, allowed a petition filed by Kishor challenging the FIR lodged at the Pataliputra police station in the city upon a complaint by Shashwat Gautam, who had formerly worked with the IPAC founder.

Gautam, who was earlier with the Congress and is now with the RJD, alleged that Kishor had stolen his ideas for ''Baat Bihar Ki'', a campaign launched by the former poll strategist in 2020, which was shelved following the controversy.

A couple of years later, Kishor launched a new campaign called ''Jan Suraaj'' and went on a state-wide ''pada yatra'' which culminated in the formation of a political party.

The court observed that there can be ''no copyright in an idea, subject matter and themes'' and ''the informant cannot use the phrase intellectual property as an incantation to invoke the rigours of criminal law''.

The court noted, in its order running into more than 50 pages, that ''the informant has already preferred a civil action'' in the matter, by way of a title suit, which was pending before the court concerned.

''The informant cannot therefore be permitted to give criminal colours to the proceedings...this court is of the view that continuation of the criminal proceedings against the petitioner is nothing but an abuse of the court, and accordingly, this petition is allowed,'' it added.