Kottayam: A Judicial First Class Magistrate Court in Vaikom has directed criminal prosecution against film producer P S Shamnas for filing a false affidavit that led to the registration of a case against actor Nivin Pauly.

The court ordered its Junior Superintendent to initiate proceedings after finding that Shamnas had made a false declaration in an affidavit filed with his private complaint, which led to an FIR being registered against Nivin Pauly and producer Abrid Shine. They were accused of cheating ₹1.9 crore.

While considering a counter-complaint filed by Nivin Pauly, the magistrate noted that Shamnas had falsely stated in his affidavit that no other legal proceedings were pending between the parties. In reality, a case was already pending before the Commercial Court in Ernakulam, which had also passed an injunction against Shamnas.

The court observed that the non-disclosure undermined the judicial process and amounted to perjury. It directed the Junior Superintendent to file a complaint under relevant provisions of the Bharatiya Nagarik Suraksha Sanhita, read with sections of the Bharatiya Nyaya Sanhita dealing with false evidence and false declarations.

Shamnas had alleged that, after the box-office failure of 'Mahaveeryar', in which he invested ₹3.5–4 crore, Nivin Pauly and Abrid Shine promised him a co-producer role in 'Action Hero Biju 2' and a share in overseas rights. He claimed he suffered financial loss after the film’s overseas rights were allegedly sold using an outdated agreement.

Following the registration of the FIR, Nivin Pauly and Abrid Shine approached the Kerala High Court seeking to quash the case, and the court stayed all further proceedings. They also alleged that Shamnas forged Nivin Pauly’s signature in documents submitted to the Kerala Film Chamber of Commerce.

The High Court has since extended the interim stay after mediation efforts failed. The magistrate court is scheduled to consider the matter again on March 12.
(With LiveLaw inputs.)