• 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 7 years ago in Criminal Law
Religion: Hindu

11 answers received from multiple lawyers

Lawyers are available now to answer your questions.

11 Answers

1. If there is unusual delay in trial of the case then you can file Revisional petition in high court seeking speedy trial in a time frame manner which is generally allowed.

2.Cyber cell is meant for causing investigation. Trial is done before court only and then is separate courts for trying offence under IT Act.

3. If there is nothing in the case then file Revision challenging the order rejecting your discharge petition.

4. If the police is causing faulty investigation then you can apply for further investigation by another investigating agency.

Devajyoti Barman
Advocate, Kolkata
22917 Answers
497 Consultations

5.0 on 5.0

Let the discharge petition disposed of. once that is done then you can file petition in the lower for for causing re-investigation for which though you will have to show some prima facie evidence in your favour to justify further investigation.

You can file that petition in high court also.

Devajyoti Barman
Advocate, Kolkata
22917 Answers
497 Consultations

5.0 on 5.0

burden of proof is on prosecution to prove case beyond reasonable doubt

2) you would get acquitted if police are unable to prove allegations made

3) since your discharge application is pending wait for orders to be passed on your discharge application

4)in case adverse orders are passed rejecting your discharge application you can file revision application against said order

5) i presume charge sheet has been filed against you in police case filed against you

6) you cannot sue the police officers as they are merely discharging their duty

Ajay Sethi
Advocate, Mumbai
95168 Answers
7604 Consultations

5.0 on 5.0

since 14 years have passed after filing of case charge sheety must have been filed by police .

courts are over burdened hence cases take years to be disposed of

draw attention of court to your pending discharge application and request for passing of orders on said application

Ajay Sethi
Advocate, Mumbai
95168 Answers
7604 Consultations

5.0 on 5.0

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.

2. Once you are discharged by the court you can sue the state and cops for damages on account of malicious prosecution.

3. If the charges are framed by the trial court then you can move the HC again for quashing of FIR.

4. You have multiple remedies under the legal framework to surmount the delay.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

If discharge application is pending for last 13 years you can move HC to direct trial court to dispose your discharge application within stipulated period

2) "A prosecution on some charge of crime which is wilful, wanton, or reckless, or against the prosecutor's sense of duty and right, or for ends he knows or is bound to know are wrong and against the dictates of public policy."

The term "malicious prosecution" imports a causeless as well as an ill-intended prosecution.

'MALICIOUS PROSECUTION" is a prosecution on some charge of crime which is wilful, wanton, or reckless, or against the prosecutor's sense of duty and right, or for ends he knows or its bound to know are wrong and against the dictates of public policy.

In malicious prosecution there are two essential elements, namely, that no probable cause existed for instituting the prosecution or suit complained of, and that such prosecution or suit terminated in some way favorably to the defendant therein.

3) Once a wrongful prosecution has ended in the defendant's favor, lie or she may sue for tort damages

Ajay Sethi
Advocate, Mumbai
95168 Answers
7604 Consultations

5.0 on 5.0

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?

If you dont discharged from the case, you can contest the same, defend yourself properly and get acquitted on merits in the trial.

2. Is there any cyber cell In India? can we move this case there?

There is cyber crime police operating in all the district headquarters across the country.

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?

You can wit for this case to be brought under trial wherein you can use all these techniques including a reference to forensic department.

4. Lastly, is any thing we can do against so called Capable Police officers of UP police.

The corrupt police can be handled not only in other places but also in UP too.

T Kalaiselvan
Advocate, Vellore
85369 Answers
2231 Consultations

5.0 on 5.0

"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.

In my opinion all such steps would further delay or prolong the case without any meaning or result, hence better go for trial which would fetch you better results and faster.

4. If the police is causing faulty investigation then you can apply for further investigation by another investigating agency.

Any other agency means, CBI or Cyber crime police etc.

T Kalaiselvan
Advocate, Vellore
85369 Answers
2231 Consultations

5.0 on 5.0

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.

Initially all these cases would appear dreadful, but once a charge sheet is filed and the trial begins, the police will tumble down especially when they are not able to produce substantial evidence to prove their case neither the prosecution would be able to prove the case beyond doubt, hence in my opinion, it would be better to face the trial instead of waiting for orders on discharge petition.

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?

You can file a petition before the concerned judicial magistrate court seeking justice for malicious prosecution agaisnt the police.

3. If the charges are framed by the trial court then you can move the HC again for quashing of FIR.

Did Not framed

Even if the charges have been framed, you my move an application before high court under section 482 cr.p.c. for quashing charge sheet on the grounds you rely upon and merits.

T Kalaiselvan
Advocate, Vellore
85369 Answers
2231 Consultations

5.0 on 5.0

You are welcome for your appreciations and also congrats that the case has been finally closed in your favor.

T Kalaiselvan
Advocate, Vellore
85369 Answers
2231 Consultations

5.0 on 5.0

Thanks for your appreciation 

Ajay Sethi
Advocate, Mumbai
95168 Answers
7604 Consultations

5.0 on 5.0

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