• Please guide me further cases under sections 66c 66d IT Act, 419 420 IPC

Me and my father were accused as A1 and A2 in the FIR. UNDER THE SECTIONS 66 C , 66 D OF Information technology act 2000 and IPC Sections 419 , 420. 
The complainant claimed himself as ayurvedic medical practitioner. He complained as quoted below.
 “” I am giving medicines prepared by myself and giving to the patients at my home . From past 6 months 2 persons selling fake medicines online by creating fake gmail account on my name , my address , my photo. And they(accused ) given their mobile number in google and to the persons who call them they are asking the money to deposit in the bank accounts and selling fake medicines and cheating them by selling fake medicines. ””
The above is the summary of the FIR.
Facts and reality about the allegations on me:
As said by him in FIR The so called google account is not on his name completely but it matches his name a little bit even though the name displayed in google matches fathers of both of my parents mom and dad.
And the so called gmail account contains 34 letters in one account and the other account has 29 letters and his legal/official name contains 16 letters and matches partially and the said fake gmail account matches with my grand fathers from mom side and dad side partially.
I have registered GST certificate and I am paying gst every month.
My registered Business name on GST also matches with the so called fake gmail account.
And I have registered my business with the MSME .. Ministry of Small and Medium enterprises.
I have current bank account with the same and collecting the business on the bank account only.
I have paid my professional tax also. 
No victim has complained against me like selling fake medicine or we bought fake medicines from this guy.
And finally the so called google is not created by me its just a google my business listing service by google and all the information is displayed by google only. And so called photos of him were not uploaded by me they were uploaded by reviewers of google users only.
Am just just marketing and reselling the products using my shop or online.
And I have purchase bills from where I bought the raw products.
Facts to let you know about the complainant :
He is not an authenticated/certified/ayurvedic doctor.
He do not have any educational qualification he studied only 3 rd standard we have the proof for this.
He don’t have any permission/license/GST/business to sell medicines he is just collecting money by hand at his home.
He don’t have any patent right on the medicines he is preparing at his home.
He is not having any permission from forest department to get those raw material to prepare the medicine.
The current status of the case: 
I requested and petitioned for AB and it is pending under sessions court and they are trying all the way to reject the bail petition by using their local power.
No charge sheet is filed yet.
MY QUESTIONS : 
 Can I proceed to the high court for Quashing of the FIR.?
Can I file quashing
Asked 4 years ago in Criminal Law
Religion: Hindu

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10 Answers

1) You can file in the high court for quashing the case against you.

2) You shouldn't worry because you have proper legal papers to do business, GST, MSME etc. 

3) You can produce all licenses and certificate in the court.

4) If you had registered under Trademark Act than there were no problem at all.

Ganesh Kadam
Advocate, Pune
12910 Answers
253 Consultations

4.9 on 5.0

First of all you have to take ANTICIPATORY BAIL. 

And as you have told you will get anticipatory bail. Your case is good on merits. 

After that you can file quashing of F. I. R before high court

Tarun Budhiraja
Advocate, Rohtak
379 Answers

4.8 on 5.0

1. If the facts furnished by you can well be established by documentary proof then it is a fit case where you can go for quashing. However to go for quashing it is desirable that you wait for submission of charge sheet as during FIR stage the court often refuses to intervene on the ground of preliminary stage .

2. There is no time limit for quashing case. It can take 3 months to 24 months.

3. As said above after competition of bail procedure and investigation then file quashing petition.

4. if you fail in quashing then seek speedy trial of the case.

Wait till chargesheet is submitted.

Devajyoti Barman
Advocate, Kolkata
22779 Answers
484 Consultations

5.0 on 5.0

Quashing is to be done only in exceptional circumstances 

 

2) HC is reluctant to quash FIR pending completion of investigations 

 

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

 

4) then file for quashing in HC based on legal advice 

Ajay Sethi
Advocate, Mumbai
94523 Answers
7486 Consultations

5.0 on 5.0

HC is overburdened with cases 

 

2) it would take more than a year for your petition to appear on board 

 

 

3) wait for filing of charge sheet then take a call 

Ajay Sethi
Advocate, Mumbai
94523 Answers
7486 Consultations

5.0 on 5.0

1. Yes

2. Yes. 

3. Depending on matter listed but they will stay the filing of charge sheet. 

4. You can pray for quashing your aba Pendency but first take ABA. 

5. If quashing done case over otherwise you can go for discharge in lower court after filing of charge sheet

Prashant Nayak
Advocate, Mumbai
31807 Answers
176 Consultations

4.1 on 5.0

Approach HC for quash of FIR on above facts and secondly, without any qualification, he is selling such medicines, clear case of cheating. 

Quash petition should file before CS field.

At least court will stay the investigation, till quash petition decides.

Pendency of AB has no consequences.

Are you qualified to manufacture such medicines and sell ?

Yogendra Singh Rajawat
Advocate, Jaipur
22596 Answers
31 Consultations

4.4 on 5.0

You can file a petition u/s 482 in the High Court for quashing the proceeding against u on the ground of being false and vague. After the High Court quash the proceeding being false and fabricated, you can file a complaint case before the magistrate or file FIR before police u/s 182 and 211 of IPC against the person who have filed false case against you and punish him as per the provision.

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

It will be too early to file a quash petition before high court.

You can approach high court with a quash petition once the charge sheet is filed before court by the police, because high court do not entertain any petition to quash FIR as a routine.

First you obtain anticipatory bail  and then wait for the trial to begin after the charge sheet is filed.

 

 

T Kalaiselvan
Advocate, Vellore
84724 Answers
2172 Consultations

5.0 on 5.0

Dont rush to high court for quashing the FIR so soon.

There are very little chances to get the FIR quashed, high court may dismiss the petition stating that the charge sheet is yet to be filed and investigations have not been completed so far.

It may take hardly one or two months for disposing the quash petition by high court.

On all further issues you may go through my previous post which has answers to your subsequent questions

 

T Kalaiselvan
Advocate, Vellore
84724 Answers
2172 Consultations

5.0 on 5.0

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