Cyber case
Bapurao R. Kane
(Querist) 10 March 2012
This query is : Resolved
Dear All,
I am a victim of cyber crime, A unknown lady post a defamatory and abusing matter on facebook on 29th may 2011, I have made a complaint in cyber police cell of CID Mumbai, they have investigated and got IP Address of accused on 14th july 2010, but they have not red on that Ip adress and collect hard disk from the computer of the accused or not taken any action in the matter, and transfer this case to my local police station on 15-10-2011. They have registered a FIR on 12-11-2011 but not take any action against accused till date. Then I have made a private case in metropolitian magistrate against the police on 23rd Dec. 2011.the honble court order to police to file chargesheet but police are delaying to do so, From the statement of the police in the court it comes know to that they are giving very soft corner to accussed and they are making some another storry, that IP address holder are not guilty,
friends this case is defending myself. I am the handicapped person with wheelchair bound. stkaying in Mumbai
Its apear that police will file the correct charge sheet, can I challange to this chargeshee and where and it what form.
Please guide me
Adv.R.P.Chugh
(Expert) 10 March 2012
First of all the magistrate cannot direct the police to file a charge-sheet - it can only ask the police to file whatever their report is whether it's a charge-sheet (that is where the offence is made out) or closure report (where no offence seems to have been made out). Since the magistrate is monitoring the case u/s 156(3) don't worry. If the police does not file charge-sheet or try giving a clean chit to that lady - you can file a protest petition - on which the magistrate may take cognizance and go ahead.
Infact you may also file an anticipatory protest petition or advance protest petition - which is a new innovation - when you know the police in all probability has given up its case.
Raj Kumar Makkad
(Expert) 10 March 2012
If the police treats the owner of the IP as innocent and files closure report against her, it shall be treated as a private complaint by court on hearing from you not to accept the police report. So move an application before the court to direct the police to file their progress report before the court within a stipulated time.
Nadeem Qureshi
(Expert) 11 March 2012
Dear Mr. Kaneif you are not satisfy with police action you can file a protest petition before the court with this point that if the police file any closure report this complaint should be treated as a private complaint.
feel free to call
