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Jay Dutt   21 October 2023

False cyber crime fir in section 66c/66d/66e

A friend of mine gave his user ID and password, and asked me to login to his Facebook account and Amazon account in year 2019 - 2020. I did that and also I created a Telegram account on his mobile number with his permission. I have all the screenshots of those user IDs and passwords he shared with me on WhatsApp. Now we have no friendship between us and to take personal revenge he filled an FIR against me in section 66C/66D/66E of IT Act 2000 for hacking, identity theft and impersonation in August 18, 2023. I received a notice of 41A on September 1, 2023 and appeared before IO but no chargesheet has been filed yet.

As I said earlier, I just did what he requested me to do and with his permission. My lawyer suggested my to go for quashing of FIR and I did what he said and now it is pending before High Court.

Now my question is,
1. What is the chance of getting the FIR quashed?
2. Am I allowed to submit those screenshots as evidence quashing?
3. Are those evidence enough for defending my case?


Learning

 3 Replies

T. Kalaiselvan, Advocate (Advocate)     21 October 2023

1.  High courts do not entertain the FIR quash petition as a routine, until and unless it is a very special case, the high courts generally dismiss the petition if the charge sheet has not been filed.

You should have waited for the police to file the charge sheet after which you could have approached the high court with the quash petition.

Now you wait for the disposal of the case by high court.

2. You should have added them to the quash petition while filing the case and not later.

3. It depends on the situation.

P. Venu (Advocate)     24 October 2023

Yes, having appeared before the Police and cooperated with the investigation, the best option is to wait till they file the Final Report.

Dr. J C Vashista (Advocate )     24 October 2023

I fully agree with the opinion and advise of experts Mr. T Kalaiselvan and Mr. P Venu.

Moreover, High Court do not entertain any evidence like screenshot, emails etc. for which you will have to wait for commencement of trial, completion of prosecution evidence and recording your statement by the court before submission of all these evidences.

In short, abhi dilli dur hai"   


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