swatikulkarni 10 August 2017

It act 43, 43a, 66, 66c, 66d, 72 and 72a and ipc 467, 468

Respected Experts,

Need your valuable opinion about case of my brother.

Background: During maintenance case (HMA 24 and 25), wife submitted bank account statement of her husband. This bank account is only on the name of husband. After observation of this statement, husband found that there is no signature or stamp of any bank official, there is no “particulars” column and this statement is totally in different format than what bank provide or even on internet bank format. So, husband went to bank and asked about the statement. Bank informed that banking system does not provide this type of statement and bank didn’t provided this statement. Amounts and dates on the statement given by wife is correct (as per actual bank statement).

Husband filed cyber case, police refused to file FIR. Husband filed case to the Magistrate as per information technology act 43, 43a, 66, 66c, 66d, 72 and 72a and IPC 467, 468, 470, 471, 34.

Court ordered investigation as per CRPC 202.

Question: History shows in India, cyber crime is not investigated in a professional way. As of now success rate of cyber crime of very low. There are high chances of police can be manipulated and high chances that investigation may not happen proper to get easy escape by criminals involved.

What can be done to ensure proper investigation should happen please?

Thanks in advance.

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3 Replies

Siddharth Srivastava (Advocate) 10 August 2017

File application for section 340 Cr.P.C.

Siddharth Srivastava (Advocate) 10 August 2017

File application for section 340 Cr.P.C.

swatikulkarni 11 August 2017

In maintenance case (HMA 24 and 25) application for section 340 Cr.P.C. is rejected as fighres are same. Cort commented that since values are same, it is taken on the record. Court also suggested that husband should handle criminal matter separately and not to include in HMA 24 or 25.

So, husband filed separate case to Magistrate as per information technology act 43, 43a, 66, 66c, 66d, 72 and 72a and IPC 467, 468, 470, 471, 34.

Question: History shows in India, cyber crime is not investigated in a professional way. As of now success rate of cyber crime of very low. There are high chances of police can be manipulated and high chances that investigation may not happen proper to get easy escape by criminals involved. What can be done to ensure proper investigation should happen please?