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He also alleged that the script discussed by the writer was neither copyright protected, nor was it published. While stating that there is no copyright for an idea, in his application, he also made an argument that under Copyright Act, there is no bar to producing identical results by using the same idea. He argued that the story of 'Rang De Basanti' is original and different from the script of 'Inquilab'. During the course of the hearing, Rakeysh moved an application for discharge on the ground that no offence is made to the issue process.
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Now, while relying upon the order of the Sessions court, the Magistrate court observed that the present proceeding by a Sessions court was binding on the lower court. Notably, writer Mustaq Mohsin approached the court, claiming that he had discussed a script titled 'Inquilab' with the filmmaker but Mehra used the same script for his film 'Rang de Basanti', which was released in the year 2006. The sessions court had observed that the 'criminal proceeding itself was not tenable as the story 'Inquilab' was not registered' and that there was no 'prima facie material to prove the offenses punishable under the Copyright Act'. He had moved the Sessions court which had set aside the Magistrate court order of issuing process. Earlier, in the case, the session court gave relief to the producer of the film Ronnie Screwala. While giving relief to the ace filmmaker Rakeysh Omprakash Mehra in the film ' Rang De Basanti' copyright infringement case, the Aurangabad court has acquitted him from all the charges made by a writer and accused him and the makers of the film of plagiarism.