Allahabad High Court Stay : Relief For Flipkart : Any Coercive Action In FIR For Selling Counterfeit Goods

The Allahabad High Court has granted relief to M/S. Flipkart Internet Private Limited in a FIR filed at the Lohamandi police station in the Agra district for selling counterfeit goods.

The court has stated that until further orders are issued, no coercive action will be taken against the petitioner.

The court has ordered all respondents, including the Uttar Pradesh government, to file their affidavit responses within two weeks.

A division bench of Justice Ashwani Kumar Mishra and Justice Rajnish Kumar passed this order.

In this case, a FIR was filed against the petitioner for violating the Copyright Act of 1957 and various sections of the Indian Penal Code. It has been charged with selling counterfeit goods.

Flipkart is an e-commerce site, which serves as a marketplace for the sale and purchase of articles and books.

It was argued that Infringement of copyright may result in legal action being taken against the manufacturer of the counterfeit product rather than the site that provides the platform.

Further contention was that the petitioner is protected under Section 79 of the Information Technology Act. It is argued that the filing of the First Information Report against the petitioner is an abuse of the legal process.

The court stated that this issue must be considered. The petitioner has also been ordered by the court to cooperate with the investigation.

                                                                   ORDER

Court No : 44

Case : CRIMINAL MISC. WRIT PETITION No. 1936 of 2022

Petitioner :- M/S. Flipkart Internet Private Limited

Respondent : - State Of U.P. & 2 Others

Counsel for Petitioner :- Akshay Mohiley, Shishir Tandon, Sr. Advocate

Counsel for Respondent : - G.A.

Hon’ble Ashwani Kumar Mishra, J.

Hon’ble Rajnish Kumar, J.

Contention is that petitioner has only provided the platform for sale and purchase of articles/books and the allegation of violation of Copyright Act, 1957 can at best be against the actual publisher and not against the intermediary. Protection of Section 79 of the Information Technology Act is claimed, submission is that lodgement of First Information Report against the petitioner is an abuse of the process of law.

Matter requires consideration.

Notice on behalf of respondent nos. 1 & 2 has been accepted by learned A.G.A.

Issue notice to respondent no. 3 steps be taken within two weeks by registered speed post.

All the respondents may file counter affidavit within six weeks.

Rejoinder affidavit, if any, may be filed within two weeks, thereafter.

List thereafter.

Till the next date of listing, no coercive action shall be taken against the petitioner pursuant to impugned First Information Report, registered as Case Crime No. 39 of 2021, Under Sections 420, 465, 467, 34 IPC & Section 51 (a)(i), 51 (a)(i), 51 (b)(ii) of the Copyright Act, 1957, Police Station Lohamandi, District Agra provided it cooperates in the investigation.

Order Dated :- 09-03-2022

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