JUDGMENT

1. This petition has been filed under Articles 226/227 of the Constitution of India, 1950 read with Section 482 of the Code of Criminal Procedure, 1973 (for short, 'Cr.P.C.') praying for quashing of FIR No.103/2020 dated 17th August, 2020, registered at the Economic Offences Wing, New Delhi, under Section 63 of the Copyright Act, 1957 and Sections 103/104 of the Trade Marks Act, 1999 (for short, 'T.M.

Act'), and all proceedings emanating therefrom.

2. The petitioner, Flipkart, is an online e-commerce entity, which, as stated in the petition, provides its portal for sale of products to other sellers and thus is an 'intermediary' as defined under Section 2(1)(w) of the Information Technology Act, 2000 (for short, 'I.T. Act').

3. The respondent No.1 is the State of NCT of Delhi and the respondent No.2/Ashish Girdhar, is the Managing Director of "Sanash Impex Pvt. Ltd.?. The respondent No.2 had complained to the police that unauthorized persons were selling products by the name DC DERMACOL, including on the portal of the petitioner. It was stated that DC DERMACOL was the product of an international brand (Czech Brand) and DC DERMACOL had gained high repute as a brand all over the