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Aravind Kumar Gunda (BOE)     25 November 2014

Cyber crime

Hello Advisers,

 

There is a cyber case against me under IT Act 66A. I lodged quash petition in the high court regarding this cyber case, Its been close to one year now still it is in "Admission Stage" in the high court, Once it gets admitted then I am granted interim stay. Now, the cyber case has come to trial in the lower court.

What I have to do if I want to stop the trial in the lower court till the high court takes the decision on my quash petition? Officially I haven't got interim stay from the high court to submit order to the lower court in order to stop the trial?

Please advice me

Thanking You All.

 

 



 10 Replies

NATARAJAN IYER (Proprietor)     25 November 2014

Admission itself has not happened. This is similar to standing outside a stadium. Entry itself has not yet been permitted and you are yet to get permission to enter ------- The very purpose is to prevent a person from smartly exiting through another gate without paying fees at one gate----- Similarly on what basis do you want to evade trial at the lower court ? In your eyes you say you are not guilty but the court has to say that.... u/s 66A the offence has been registered..... Trial, Evidence, Proper examination of facts, Arguments,...etc etc so many stages are involved and the police has to submit their version and investigation report,...etc etc etc------ In one shot, smartly by approaching high court if an accused tries to hoodwink the law then it is his wrong calculation---- The courts and today's police and the victims are too very intelligent to let go so easily----- If you are indeed innocent, why fear ? Face the trial bravely ----- A stay needs valid grounds on which it can be issued.... Meet a youngster advocate practising I P and Patents related law and litigation----- Or a good criminal advocate ----

Adv. Mandar Pimpalkhare (Advocate)     25 November 2014

Mr. Gupta 

Section 66A of IT Act provides for punishment for sending offensive messages through communication  service etc by way of electronic mail or electronic mail message by means of computer resource or communication device.  It seems you are in mood to quash the proceeding filed against you for the same you have filed petition.  Unless it came up for hearing you cant get any interim relief however you may have opt for urgent hearing and interim relief at time of filing the same.  if you are innocent fight the case and consult good local lawyer in your city.  In you case it may be possible some one else have used your computer/device and you are suffering due to it.  

Dhanasekar (Advocate)     25 November 2014

Filing a quash petition in HC, your FIR will not e quashed. The H will take decision on Merits. if you have enough evidence in this regard why do not you show them up in the lower court and win the Case. Fight against the Case in the lower court and prove your innocence.

Good Luck

Aravind Kumar Gunda (BOE)     25 November 2014

Thank you to all advisers,

I just put  few words in the post topic. There is a story big story.

Yes, its correct what all you said. I have all physical evidences to prove my innocence. One of advisers misguided me to approach high court for quash, actually it was not my intention. And in the lower court my lawyers pressurizing me to get interim stay from the high court and they said that probably my lawyer in the high court cheating on me keeping the file not reaching to the judge bench thats why my file is being delayed and they introduced another for my high court file, that person also misguided me in many ways like I need to spend lots of money in the section so that my file will be reached to the judge bench in the high court. After I got fed up with the lawyers, I came to know about all legal information and rights that I have in the Indian constitution that I can argue my case on my own in the lower or high courts and even I can cross examination the complainant who filed a cyber case against me. So I have decided to fire my lawyers and approach to the lower court with all physical evidences and if necessary I will ask to the court to provide me a lawyer on court behalf.

But I am not fearing to face the trial, I am happy to do so.

 

Thanking you once again....

T. Kalaiselvan, Advocate (Advocate)     28 November 2014

Once you have already decided about the action to be taken under the given situation, what was the necessity to post the query here, do you want to cross verify or test the knowledge of advisers here?

Aravind Kumar Gunda (BOE)     29 November 2014

Hello Kalaiselvan Sir,

Hope you are doing good.

Honestly, I am not trying to cross verify or test the knowledge of advisers by posting my queries. My queries are genuine.

India is a democratic country to express about things and seek about things in terms of gaining knowledge. I have been educating myself about legal procedures and rights that I have in regards to my cases only. Because I appointed lawyers and they literally have misguided me in many ways. They don't allow me to talk to them and they don't disclose about their ideas that how they are going to represent my cases. When I am paying their fees I have right to ask about my queries. There should be necessary ideas exchanged between a lawyer and a client, the lawyer should aware of my inner pain asking me and allowing me to express my inner pain.

As you said that I have decided, Yes, I have decided for certain things based on the genuine legal information I collected, not for everything. My queries have been getting cleared step by step. My intention is to approach to the court for trial with full of knowledge.

1 Like

Aravind Kumar Gunda (BOE)     29 June 2015

Hello Advisors, 

As per my earlier query posted in the above I have decided to face the trial by representing by my own as party in person.

According to your advices I have all the physical and documentary evidences to prove my innocence -------- I have been putting in practice to gain the knowledge of court procedures, petitions formats and filing formats and etc etc.....I have been preparing questionaire for the complainant which will be cross examined. -------- 

Just need to know.... Even though I'm being an accused, will I be given liberty of speech in the court during the trial, evidences, proper examination of facts and arguments etc etc?....If so then I can demonstration about the facts more confidently by producing all the evidences to the hon'ble magistrate.

Can you please give me tips for trial from your end?

Thanking You.

 

 

 

 

cyberlawyer (barrister)     12 July 2015

There will be no point in appearing as party in person if the litigant is not given the liberty of speech. So there will be no bar to put forth your investigation, findings and ideas and you may question the complainant in the same way a counsel representing his client does. So dont worry and go ahead. 

Aravind Kumar Gunda (BOE)     10 October 2015

Hello to all advisers,

I would like to post some updates regarding my IT Act 66A-Identity Theft case.

Please look into the details posted in the beginning.

Now, my trial has been going on, the complainant's chief examination was completed and the magistrate didn't permit me to cross-examine the complainant as party in person, instead the magistrate appointed a counsellor for me to take up my case and represent on my behalf, I agreed for it.

My counsellor cross-examined the complainant, during the time of cross examination the complainant admitted all the facts about our relationship, photographs, email communications, phone conversations and wanted to marry me. But her statements compare to chief examination and cross examination are totally differet, she lied in the chief examination and admitted in the cross examination. My counsellor defered the cross examination in order to put forth more and complete evidences to finish the cross examination in the next date (04-Nov-2015).

This IT Act 66A against me is second different case was filed by my ex-girl, the first case was filed by her father against me saying that his daughter didn't love me and promise to marry me, his allegations in the complaint are that I only harrased his daugher for love and marriage, so I was booked under IPC sections 506, 509 and IT act 66A, 67 (Her father gave a written complaint, her mother, brother and my ex-girl are victims in the first case filed by her father).............IT Act 66A repeated twice in two cases against me.

Now my question here is, "Based up cross-examine deposition of the complainant, Can I file a case on my ex-girl family members like on her father, mother and brother?

Please post your suggestions.

Thanking you all..........

Try to add value to the discussion, with your each post.

Nathaniel Peter (M.Sc (C.S))     04 November 2015

Aravind, why did you made a same topic ! May be for more replies! What we can see in this website is the average replies are only 5. In my user profile settings there is no link to see my own topics which I posted and I can't even remember the title I gave so that I can search in google and even if I search the same title were used by many.

Designing a LIVE chat in this website to chat among ourselves will be a good thing and there will not be 0 replies.

As she made a harresment and email password theft case on you, then you should

1. Prove your relation with her by call tapping by CBI that she gave you the password and threatened you that you stole her password.

2. CCTV street cameras can prove how many years you were together.

Aravind, you said "she lied in the chief examination and admitted in the cross examination." What is the difference between chief and cross.

Cyberlawyer sir, why haven't they used lie detector on her.


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