Dear Sandeep,
Generally Media can rely on F.I.R. contents when such FIR falls under the public document where the contents of the FIR is neither exempted from revealing to the Public or Media nor restrained by a Court Order; hence Media can possibly report the allegations and contents of the FIR. However, the Media cannot exceedingly report or overly react to intentionally damage the reputation of a person or business entity with malafide intentions.
In your case, when you compare the FIR and Complaint copy, and weigh the same with the reported news, possibly you can come to a conclusion whether media overly reacted or only reported based on the FIR and Complaint copy within the limits or without falsifying the Complaint in its own terms, then, in general the Media is not at fault since it is reported the news based on the FIR that falls under Public Documents unless such FIR deemed as privileged and maintained confidentially as per law to protect the De facto complainant or State's interests.
In your case, assume that the News Agency reported the news based on FIR and Complainant copy, then, though it may damage your product or company's reputation for the time being, you may not restrict the freedom of the press unless you can specifically obtain a restraining order from the court prior to such reporting itself or the FIR or Complainant's information falls under privileged or restricted or confidential information where the Police owes duty not to disclose the same to the Media or Common Public to protect the victim or State's interests or safeguard investigation procedures or secure further evidence or so.
Assume the Media has rightly exercised its rights as Press and reported the news based on FIR and Complainant copy, it is very difficult for you to file defamation case against the Press. However, after preliminary investigation, if the Police decides that it is a "False Case" and closes the FIR on this basis, or Complainant's complaint appears to be without any proof or evidence, and the case is closed by the Police stating it as a “False Case" or the Complainant's complaint concluded by the court as a Complaint with malafide intentions or the Complaint is dismissed by the Court based on the "lack of evidence or benefit of doubt", you can inform such outcome to the Media and demand that such outcome should be reported in all the newspapers/Media that have previously reported the news based on the FIR. This way, you and your company can regain your fame and public confidence.
When the case is decided by the Police as "False Case", or concluded by the Court as "frivolous", or you prove during the course of judicial process within the Court that the Complainant has filed the case against you and your organization with a malifide intention to damage you and your business reputation to commercially benefit by misusing the legal process, then, you are entitled to file a criminal case against the Complainant that is called "Malicious Prosecution". You can also file a Civil Defamation Suit to recover damages; You can seek for "punitive damages" if you can prove the Complainant's intent to specifically damage your business reputation with a malifide intent to commercially gain some business advantage or to cause business loss to you and to your reputation. You can do so depending on the quantum of sales affected, past, present, and future losses because of loss of reputation or goodwill, status of the Complainant (such as a Competitor or a Trader dealing with similar goods and services or a Distributor of such goods or falling under the business chain who can influence your business for his business gains etc.).
Since the nature of the Complaint is dealing with the educational material, touching the aspects of commercial property and criminal in nature, FIR mentioned under 420 (Cheating and Dishonestly Inducing Delivery of Property), 409 (Criminal Breach of Trust by Public Servant, or by Banker, Merchant, or Agent), 467 (Forgery of Valuable Security, Will etc.), r/w 34 (Acts Done by Several Persons in Furtherance of Common Intention), it is better to find an Advocate who is expert in dealing with the Criminal (offence against property) and Commercial laws (unfair trade practices, copyrights, intellectual property laws, trade secrets, consumer and business laws).
If you are capable to prove that you are innocent or show that there is no substantial evidence to proceed with the trial, and the case is still after FIR before Charge-Sheet stage, you can approach a competent High Court Advocate to file "FIR Quash" petition; if it has already crossed the Charge-Sheet Stage, then you can file "Charge-Sheet Quash" in the High Court if you can prove that there is no substantial evidence and the trail of the case is only to harass the accused with ill-motives. If you cannot prove based on the FIR or Charge-Sheet contents, then, you have no other option except proceeding with the trial since the offence charged falls under "non-compoundable offence".
NOTE: The above information is provided to you to help you to approach a competent advocate and to bring awareness to you. It shall not be treated as a legal advice since I haven't reviewed any of your documents or evidence or FIR or Complaint Copy, and no agreement is formed between you and me to provide legal services.
Good luck.
Vijay Damaraju
