IT act Sec 67 - Charge Sheet Since 2003
Hello Respected Lawyers, Plz help me out.
My name is Bhupesh, I am From Kanpur.
I m going to tell you about Very strange Case, of IT act Sec 67. I charge sheet for this Case In Feb 2003, and Now police has submitted adverse report on my passport application, due to the above case.
Let me tell u briefly about this case.
1. On July 2002, I buy a domain name for One year, The domain name is, "marketingsoftwares.com"
2. I hire some local programmers to Build the software.
3. Programmers were unable to do the job. I ask them to refund the money. They start using criminal tactics.
4. When I find no other option except to refer this matter to to the police, So called Programmers Plotted adult content on my website. And make false complaint against me.
5. Police did secrete raid at my house.
6. After 5 hours of questioning, when Police find absolutely nothing, then they open my site, "marketingsoftwares.com" and Police find 'Plotted adult content on my website. "
7. I told Police that,
a. I buy this domain name in July, since then programmers are working. If "marketingsoftwares.com" is an adult site, then programmers should told In july, and not after my complaint.
b. There is No adult content in my computer or back up of that site
c. How opposite party come to know, this domain name belongs to me.
d. its Impossible to operate an adult site, with, Computer, Keyword, mouse and speakers
8. Police did not listen to me, and told me," say this to court".
9. Police arrest me for this site, I was In Jail for 28 hours. And within 3 weeks filed the charge sheet.
Please check the web archive Records.
http://web.archive.org/web/20020101000000*/http://marketingsoftwares.com
From 2002 to 2003
July 2002
http://web.archive.org/web/20020718192008/http://marketingsoftwares.com/
August 2002
http://web.archive.org/web/20020805005903/http://www.marketingsoftwares.com/
Sept 2002
http://web.archive.org/web/20020925051937/http://marketingsoftwares.com/
Nov 2002 - Its Redirecting to another website ( worship site)
http://web.archive.org/web/20021129013151/http://www.marketingsoftwares.com/
As u can see, that there is Nothing wrong ... Till Nov and Dec 2002
Now Please check it..
Feb 2003... Adult content on the above domain name, thats why i m charge sheeted.
http://web.archive.org/web/20030202050102/http://marketingsoftwares.com/
http://web.archive.org/web/20030210222015/http://www.marketingsoftwares.com/
April 2003, old site is live
http://web.archive.org/web/20030409210540/http://www.marketingsoftwares.com/
and after that, domain name is expired.
10. The good thing is that I won case In 'consumer forum" in 2006. After some time i come to know, that 'So called Programmers" beat some one with Hokey sticks. And he was in jail for more then 6 months. And now he is in 'samosa" business.
My criminal lawyer file Discharge application. And case is still Pending. Now police has submitted adverse report on my passport application, due to the above case. ( another pain)
My questions are.
1. I m Now, 42 years old. I think i will live for next 30 years. Will I ever be Get Discharge from this case? if Yes then how?
2. Is there any cyber cell In India? can we move this case there?
3. Please tell me, what else I can do, to get rid of this chargesheet? Any forensic lab where i can send these details? Is there any way to refer this case to HC or any thing?
4. Lastly, is any thing we can do against so called Capable Police officers of UP police.
This can happen to any one. Say if any one, hire a web designer to build the site, and if designer plot adult content, how domain name owner can be guilty?
In short, Cheated, Charge Sheeted and getting dates Since last 14 years..
Please help me out.
Thanks
Asked 8 years ago in Criminal Law
Religion: Hindu
Thanks a lot..
"3. If there is nothing in the case then file Revision challenging the order rejecting your discharge petition."
matter is still pending, court is neither accepting or rejecting discharge petition.
4. If the police is causing faulty investigation then you can apply for further investigation by another investigating agency.
Plz tell me, more... i will surely do it
Asked 8 years ago
Hello Respected Lawyers, Thanks a lot
Let me start with Respected "Ajay Sethi" Suggestions.
"3) since your discharge application is pending wait for orders to be passed on your discharge application "
But when, its pending since 2003.
"5) i presume charge sheet has been filed against you in police case filed against you "
Yes within 3 weeks. A Sub Inspector file the charge sheet.
If I m not making Mistake, Minimum Investigation authority is DSP.
But, in this case, SI did all the Investigation, and file the charge sheet within 3 weeks.
I am Not sure, if he (That SI ) had ever use Internet or even touch computer.
6) you cannot sue the police officers as they are merely discharging their duty
Discharging duty is some thing. Doing Blunder is different.
Its not the question of Discharging duty, the question is about capability. If police officers are unable to understand the matter, then why ...
I m arrested for this case..
Please check the web archive Records.
http://web.archive.org/web/20020101000000*/http://marketingsoftwares.com
From 2002 to 2003
July 2002
http://web.archive.org/web/20020718192008/http://marketingsoftwares.com/
August 2002
http://web.archive.org/web/20020805005903/http://www.marketingsoftwares.com/
Sept 2002
http://web.archive.org/web/20020925051937/http://marketingsoftwares.com/
Nov 2002 - Its Redirecting to another website ( worship site)
http://web.archive.org/web/20021129013151/http://www.marketingsoftwares.com/
As u can see, that there is Nothing wrong ... Till Nov and Dec 2002
Now Please check it..
Feb 2003... Adult content on the above domain name, thats why i m charge sheeted.
http://web.archive.org/web/20030202050102/http://marketingsoftwares.com/
http://web.archive.org/web/20030210222015/http://www.marketingsoftwares.com/
April 2003, old site is live
http://web.archive.org/web/20030409210540/http://www.marketingsoftwares.com/
and after that, domain name is expired.
7. I told Police that,
a. I buy this domain name in July, since then programmers are working. If "marketingsoftwares.com" is an adult site, then programmers should told In july, and not after my complaint.
b. There is No adult content in my computer or back up of that site
c. How opposite party come to know, this domain name belongs to me.
d. its Impossible to operate an adult site, with, Computer, Keyword, mouse and speakers
And even worst, SI did all the Investigation, and file the charge sheet within 3 weeks.
-->> I m sure, there is no valid grounds for a FIR against me.. if i m guilty, then 'hang me in public"
I m not against any one, but there are news, that Police is Involve Fake encounter. if police is guilty, then they must be punish... Rules should be same for every one, no exception what so ever
==>> Respected "Ashish Davessar" Sir
Very I am impressed with your suggestions..
1. Since your grievance is that the court is not deciding your discharge application you should move the High Court for an expeditious disposal of your application. The HC can direct the trial court to decide the application in a time bound manner.
okay, i will do this asap
2. Once you are discharged by the court you can sue the state and cops for damages on account of malicious prosecution.
Yes i will. can u please tell me, How i can do it?
3. If the charges are framed by the trial court then you can move the HC again for quashing of FIR.
Did Not framed
4. You have multiple remedies under the legal framework to surmount the delay.
Okay, thanks a lot.
Asked 8 years ago
Respected Lawyers
Finally The case is Closed
https://gyazo.com/5ea8a5e1e0c45dbb217a08a073c15f7c
Thanks a lot for your advice and helping me in hard time
Asked 6 years ago