A local court in
Lucknow, recently allowed an application under Section 156(3) CrPC seeking
lodging of First Information Report (FIR) against Flipkart for allegedly
selling fake Apple Air Pods to an advocate.
Chief
Judicial Magistrate Ravi Kumar Gupta passed the order on the plea moved by
Advocate Abhimanyu Singh who sought registration of FIR under Section 406, 415,
416, 417, 418, 419, 420, 476, 486, 34 of the Indian Penal Code, 1860 against
Flipkart through its Managing Directors, Kalyan Krishnamurthy and its sellers,
Hydtel Retail Sales and Luminary Lifestyle Pvt. Ltd.
Court
directed the Station House Officer (SHO), Police Station-Gomti Nagar Extension,
Lucknow to lodge an FIR against the accused persons under relevant provisions
of law and directed the police to duly investigate the matter and apprise the
court of the result.
The
advocate had moved the plea alleging that he purchased Apple Air Pods Pro
(Bluetooth Headset) for an amount of Rs. 17,489 from Flipkart in August this
year. However, noticing suspicious packaging of the delivered product, he
visited company Apple’s authorized center to confirm product’s authenticity
where he was told that the product was fake and was not manufactured by Apple.
Thereafter,
the advocate tried to return the product to the seller, however, his request
was denied. Being aggrieved, he tried to register an FIR with the Lucknow
Police, but to no avail.
Seeking
relief, the lawyer moved the instant application under Section 156(3) of the
Code of Criminal Procedure before the Court of CJM, Lucknow which was taken up
on September 27 and was heard on merit. Thereafter, the instant order was
passed on October 10.
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