Kerala Magistrate Orders Criminal Action Against Producer PS Shamnas For Allegedly Filing False Affidavit In Case Against Nivin Pauly
Pranav B Prem
A court in Kerala has directed initiation of criminal proceedings against film producer PS Shamnas after finding that he had allegedly made false statements on oath to secure registration of a cheating case against actor Nivin Pauly and director Abrid Shine in connection with the distribution rights of the film Action Hero Biju 2. The direction was issued by Judge Archana K. Babu of the Judicial First Class Magistrate Court-I, Vaikom, who found that Shamnas had deliberately suppressed material facts and made false declarations under oath while seeking a police investigation against Pauly and Shine.
The court was dealing with an application filed by Shamnas under Section 175(3) of the Bharatiya Nagarik Suraksha Sanhita (BNSS), through which he sought registration of an FIR alleging cheating. In the affidavit filed along with the application, Shamnas had stated that there were no other legal proceedings pending between him and Nivin Pauly.
However, the Magistrate found that this statement was factually incorrect. The court noted that a commercial dispute relating to the same transaction was already pending before the Commercial Court at Ernakulam and that an injunction order had been passed against Shamnas in those proceedings. The existence of the commercial suit directly contradicted the assertion made in the affidavit that no other legal disputes were pending.
On examining the record, the court formed a prima facie view that Shamnas had misled the court by concealing the pendency of the civil proceedings in order to secure registration of a criminal case. It held that the act amounted to a fraud on the court, as the criminal process was set in motion on the basis of a false declaration.
In its order dated January 12, the court observed, "The giving of false evidence amounts to practicing of fraud upon the court ... it was manifest that the respondent (Shamnas) had intentionally made a false statement or declaration when he was under a legal obligation to speak the truth in a judicial proceedings." The court further noted that such conduct strikes at the foundation of the judicial process and undermines public confidence in the justice delivery system.
Holding that filing a false affidavit in judicial proceedings attracts criminal consequences, the Magistrate directed that a formal complaint be filed against Shamnas under Section 379 of the BNSS for offences punishable under Sections 229 (false evidence), 236 (false declaration receivable as evidence) and 237 (using false declaration as true) of the Bharatiya Nyaya Sanhita, 2023.
The case originated from allegations raised by Shamnas that he was cheated in relation to the production and distribution of Action Hero Biju 2. He had claimed that despite an agreement under which he was to produce the film, the rights were allegedly sold to a Dubai-based firm for ₹5 crore without his consent. Shamnas also alleged that he had invested approximately ₹1.9 crore in the project and was assured official producer status along with a share in the profits.
Based on his complaint, an FIR was registered against Nivin Pauly and Abrid Shine under Sections 406 (criminal breach of trust), 420 (cheating) and 34 (common intention) of the Indian Penal Code. Subsequently, Pauly and Shine approached the Kerala High Court seeking quashing of the FIR. The High Court had granted an interim stay of the trial proceedings in August last year, which was later extended after mediation efforts failed. The matter was again briefly taken up by the High Court, where Justice C.S. Dias further extended the interim stay. A plea filed by Nivin Pauly challenging the proceedings before the Magistrate Court is listed next on March 12, 2026, for further consideration.
Cause Title: Nivin Pauly v. P.S. Shamnas
Case No: Crl.M.P. No. 4220/2025
Coram: Judge Archana K. Babu
