• Regarding Cyber Crime

My company had charged me with cybercrime under section 43 of IT Act. They have quoted the contents of one tweet, which I tweeted on 12th June 2016. They alleging that copy of the document attached in that tweet is confidential and I have stolen that from the company. However, I got that document through RTI from the IRDAI. So I quoted that document in my tweet. Now the company had sent me a Court saman for passing Injunction order against me for publishing confidential information on Twitter. They are also alleging me of data theft during my tenure in the company. The document which I posted is a response to RTI and the document was filed by the company with IRDAI after I left the company. Please advise me how to proceed.
Asked 5 years ago in Criminal Law
Religion: Hindu

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21 Answers

You should appear before the court on the date of hearing mentioned in the summons and file your written statement stating your side of the story along with evidence to show that the said documents were taken by way of RTI and not stolen from the company. You should also file an application for rejection of the plaint on the basis of no prima facie case against you.

Siddharth Jain
Advocate, New Delhi
6303 Answers
102 Consultations

5.0 on 5.0

Dear Client,

Sec 43 provides for civil liability as against criminal liability. Not to worry, appear in court and file application for dismissal of suit. Attach copy of document. On the face of document, it will prove that it is not stolen but acquired under RTI and absolutely legal.

Yogendra Singh Rajawat
Advocate, Jaipur
22671 Answers
31 Consultations

4.4 on 5.0

Hi,any information obtained through RTI is a public information,and thus cannot be termed as breach of confidentiality..Kinldy share the details of summon for clear understanding..It is advisable to appear on Wednesday..Since it is a civil summon,your Advocate can appear on your behalf ..You can contact me for further assistance..Thank you 

Hemant Chaudhary
Advocate, Gurgaon
4630 Answers
67 Consultations

4.9 on 5.0

You can hire any advocate to appear on your behalf.

Siddharth Jain
Advocate, New Delhi
6303 Answers
102 Consultations

5.0 on 5.0

Yo may engage some advocate who may represent you and may file exemption application on your behalf 

Anilesh Tewari
Advocate, New Delhi
18079 Answers
377 Consultations

5.0 on 5.0

It is not mandatory that you appear on the said that, you may appear through your advocate also, but someone should appear on the said date. 

 

Regards 

Anilesh Tewari
Advocate, New Delhi
18079 Answers
377 Consultations

5.0 on 5.0

file petition in HC for quashing of FIR 

 

2) rely upon rely received by you from RTI to prove you did not stole any document from company 

 

3) in alternative wait for police investigations to be completed and charge sheet filed 

 

4) then file for quashing or discharge based on legal advice 

Ajay Sethi
Advocate, Mumbai
94965 Answers
7576 Consultations

5.0 on 5.0

engage lawyer to appear on your behalf 

 

make application for exemption from personal appearance 

Ajay Sethi
Advocate, Mumbai
94965 Answers
7576 Consultations

5.0 on 5.0

hello

first of all the allegations of theft by your employer seems to be baseless and without any teeth in it. if you have taken the document in RTI then referring it shall not come in the purview of theft. even otherwise there are many ifs and buts in this matter. so I dont think that there is much substance in the allegation. you should discuss the matter with all the documents with a lawyer and then only we will be able to guide you over it... but in first look it doesnt look like any matter of concern.

Regarding your second query I will advice you to engage any lawyer for appearing in the matter on your behalf and he will take time from court to file reply or take further necessary steps. Thereafter strategies can be worked out. Don't worry as it can be handled easily. 

Gopender
Advocate, New Delhi
384 Answers

4.9 on 5.0

You can appoint a lawyer there.  Your presence is not necessary.  The said case doesn't have any evidence against you. 

Prashant Nayak
Advocate, Mumbai
32093 Answers
183 Consultations

4.1 on 5.0

In case you cannot appear before the court due to shortage of time and health issue then you have to 28 is it ok to appear before the court on behalf of you and get the time as you have published the information received from RTI can you not to worry about and you can submit the documents in your statement to the court the injection cannot be passed before you appeared before the court

Vimlesh Prasad Mishra
Advocate, Lucknow
6852 Answers
23 Consultations

4.9 on 5.0

you are advised to appear in the court. Submit that you will engage a local lawyer and shall file written Statement.

You are advised to engage a local lawyer immediately.

In case you are absent, the court may grant injunction and pass adverse order against you.

The good thing is that you have evidence of receipt of the document through RTI. You should prepare a written statement and state the same therein. 

Contest the matter on merits. Dont fear from the case made by company against You.

I need to peruse documents in order to make any further advice. Please contact me through Kaanon

Deepankar Kataria
Advocate, Delhi
194 Answers

5.0 on 5.0

engage one prominent counsel and request for a date,

the Court will provide a short date maybe 4-5 days and till then status quo the matter,

till then prepare your reply and arguments for temporary injunction,

if the document has been obtained through RTI, you have a good case

 

Suneel Moudgil
Advocate, Panipat
2382 Answers
6 Consultations

4.8 on 5.0

Dear Sir,

 

- Being a civil matter of O39R1/2, you are not required to be present by yourself. However, to hire an advocate you shall have to send the Vakalatnama signed personally.

- Besides, the written statement shall have to be submitted which may be submitted on the second date too in case your availability is a concern to share the input on the preparation of WS.

- Though injunction shall not give you any irreparable loss to you, you can submit your application to appear in next hearing. 

- Rest until the received summon is not shared no Advocate shall be able to help you. Also to prepare the Written statement, one shall require other side plaint. 

- You may approach my other fellow practitioner Mr. Hemant Chaudhary or me to represent you. 

Regards

 

Vivek Arya

Retired Lawyer
Advocate, Gurgaon
767 Answers
6 Consultations

5.0 on 5.0

Dear Client 

In response you have to appear in the court personally or through your pleader i.e. Advocate so you can contact some advocate in gurgoan and ask him to submit Memo of appearance on your behalf to get next date for appearance and written statement. 

In written statement you should mention the details of RTI through which you got the document you have published on twitter this can be a very good defence for you in this case. As the document was collected through RTI by you which means it's your choice hoe will you use the document and it is a public record and not a personal property of that company. 

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

See if the fir is registered then you have to file a quashing petition before high court on the ground the document was obtained vide RTI and the allegations are false. 

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

See give instructions to advocate send vakaltnama he can file exemption along with your medical certificate otherwise court can issue warrant. 

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

1. A document which you have obtained through RTI is not in public domain. It does not necessarily become a public document. It may or may not be a public document depending on what the document is. Your query is silent on what the document is.

2.  Since you have received the summons you should engage a lawyer and contest the case on merits. You don't have to appear personally in the court. The presence of your lawyer shall suffice.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

Let the company file any case, since you have documentary evidence to prove that this document was obtained through RTI act only then you dont have to worry about it, you can produce the evidences before court when the trial  is going on.

 

T Kalaiselvan
Advocate, Vellore
85166 Answers
2222 Consultations

5.0 on 5.0

If you have received the notice today only and the court date is also today then dont worry, since the acknowledgement for sending the summons would not have reached the court as on today, they would post the matter to some other day and you may get a fresh summon.

T Kalaiselvan
Advocate, Vellore
85166 Answers
2222 Consultations

5.0 on 5.0

  1. As per the information mentioned in the present query, makes it clear that you have been dragged into the case with no proper evidence.
  2. But, as the sections are of criminal in nature, that will be decided at the end of the trial as to whether you are guilty or not, till then you are innocent.
  3. If you have got the court summon in criminal cases from MM or CMM or ASJ court then you should go and appear or your counsel should go and appear and move an application from personal appearance for that date only.
  4. Otherwise, BW will be issues and then also you will have to be there after giving the surety for bail amount.
  5. And for injunction suit, there are chances that you will be barred temporarily from positing any further if you don’t appear.

Sanjay Baniwal
Advocate, South Delhi
5474 Answers
13 Consultations

5.0 on 5.0

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