Facts:

• Shyam Vithalrao Devkatta (Respondent No.1) had authored a story named ‘Desi Boys’ and had registered the same with the Film Writers Association on 25.11.2008.
• Mr. Devkatta forwarded the synopsis of the story to his friend Mr. Ramesh Bhatnagar, on being told that the script was required by the son of a film director, David Dhawan. Mr. Bhatnagar further forwarded it to Mr. Ahsaan Sagar on 15.10.2009
• Subsequently, Mr. Devkatta saw the promotion of a film titled ‘Desi Boyz’, after which he filed a suit stating that the adoption of the title ‘Desi Boyz’ was an infringement of its copyright in the film title ‘Desi Boys’.

Background/ Procedural Posture:

• Background of Krishika - These two Criminal Appeals were preferred by the accused against the judgment and order dated 22.3.2012 in Criminal Misc. Application No. 1295 of 2011 and 1296 of 2011 passed by the learned Single Judge of the Bombay High Court, which refused to quash the complaint and the process issued under Section 63 of the Copyright Act, 1957 read with Sections 406 and 420 of the Indian Penal Code, 1860.
• Respondent No. 1-Shyam Vithalrao Devkatta had filed a complaint being Criminal Case No. SW/332 of 2011 under Section 63 of the Copyright Act, which was later amended to add additional charges under Sections 406 and 420 read with Section 34 of the IPC, against five persons. Upon due verification, the process was issued by the learned Metropolitan Magistrate against all except the fifth accused. Of these accused, four approached the Bombay High Court by way of filing two criminal miscellaneous applications, under Section 482 of the Code of Criminal Procedure, 1973 for quashing the complaint. Having had their request to quash the complaint refused by the High Court, the Appellants then approached this Court.

Main Issue:

Whether the title of a literary work falls within the subject matter of copyright?