Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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Anupam Sharma (Server Engg.)     03 September 2013

Defamatory emails

Dear Experts,

Some defamatory emails are being sent to several persons known to me projecting me as a blackmailer and a bad guy. These emails are causing immence damages to my name and reputation. There seems to be a larger conspirasy, which require to be unearthed by proper investigation and hence I intend to file a complaint with cyber crime cell of Delhi Police. Would it be possible to do so? Would this complaint be treated as civil or criminal complaint.

An early reply shall be highly appriciated.

Thanks.



Learning

 4 Replies

Anupam Sharma (Server Engg.)     04 September 2013

the person from who's mail id the said emails have originated says that his mail id has been hacked. I intend to nail the actual culprit. pls advise recourse.

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     05 September 2013

file a criminal complaint to cyber crime cell of Delhi Police u/s 66A of IT Act.

Sanjeev Panda (Advocate)     06 September 2013

I agree with Mr. Nadeem. The offence U/s 66A Information Technology Act, 2000 is made out. The offence is cognizable but bailable. I have dealt with similar type of cases and can help you draft an appropriate complaint to be filed with the cyber cell, Delhi Police, However, my experience says that the police seldom registers the FIR and in that case, based on the inputs you have given, it seems that if the FIR is not registered by the police, it is a fit case to file a petition u/s 200 Cr.P.C. r/w 156(3) Cr.P.C. in the courts seeking the direction to the police to register the case. Please contact me, if you need further guidance on the matter.

Anupam Sharma (Server Engg.)     07 September 2013

Dear Mr. Sanjeev Panda,                                                                                                                                          

Thank you very much for your detailed and valuable answer. After going through many cites on net, I have decided to submit my complaint with CBI’s Cyber Crime Investigation Cell, Delhi, on line.                                                                      

I have drafted my complaint and would be glad to have your expert advice on the same, but I regret to say that I am not in a position to pay consultation charges as I am out of job since Feb 2013, due to the acts of the person (my ex boss) who is being blamed of hacking email accounts and sending defamatory mails.                                                                                                                                                                                  

In fact that person (my ex boss) was in relationship with a lady. He has extracted huge amount from her on one or the other pretext. Their relationship has now turned sour. That lady has forwarded her complaint to his higher-ups and his family.                                                                                                                      

May be to save his job and reputation he has indulged in illegal activities of hacking her mail, deleting messages sent by him, and now to shift the blame on me and to project himself as man of neat and clean character, he is sending these defamatory emails under her mail id mentioning that I was showing her his fake pictures and that I had conspired with her to extract money from him. Under these circumstances I think a potent drug is required to be administered, to refrain him from his illegal activities.                                                                                                                                       

If you wish to help me on humanitarian ground then please send me your email id. I shall feel highly obliged and shall be glad to forward a copy of proposed complaint as attachment on your email id for your valued and expert advice.              

Thanks & Regards.                                                                                                  

Mobile No :- 9999890523 (Delhi)


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