• Cyber crime: Stalking, snooping, harassment and bullying by IG

An IG level person read almost all my online surfing, mails, blogs, chats, social sites and then wrote day by day so many posts/articles against all that content. He listened all my calls and wrote so many posts on FB against that content, sometime directly but most of the time indirectly. It is happening since 2012. I asked politely why he has been doing all that, protested and even wrote on my FB wall come straight forward as per law if you have anything against me. He tried to defame me by writing my personal life publically with kind of mirch masaala, tried to show to the public that i am someone third person in someone's married life. Truth, I last met that guy in 2005 and talked on phone last in 2010 before his marriage, hardly once. This IG and his friends wrote so much against my family, friends, relatives, colleagues and any other person in my life. He wrote about my habits, life-style, strengths and weakness. It is kinda he and his friends has analyzed my life and surrounding upto the extent even i did not! He has listened me even when my phone was nearby. He wrote what I ate at my cousins home, with any colleague in the market or even home. Finally, when i decided to take legal action, he and his friends have deleted almost all those public posts! I complained to DGP on 4th August, then to IG, MP of my city, ADGP of crime against women. When did not get any response then complained to Women Rights Commission and even forwarded the same mail to Chief Justice of India. The same copy I sent to SSP of my city through my employer and at last these people talked to me but it seems they are just dragging the case and trying to dilute it. I have requested for my own calls data and all deleted FB posts of these people. I have some screenshots of my e purchase and their posts. How can i enforce police people to act seriously as I feel if police can get my own phone calls and these people's deleted FB posts then it can be proved well. Any suggestions? Till now police has not lodged any FIR and seems just trying to kill the time.
Asked 3 years ago in Criminal Law from Rohtak, Haryana
The only remedy is to approach the high court by way of a writ petition seeking an order of mandamus against the authorities for not taking any action against the culprits under cyber law.
Mohammed Shareef
Advocate, Hyderabad
3 Answers

4.0 on 5.0

Dear Querist
you should filed a writ petition Criminal under article 226 or article 32 of Indian Constitution against that persons before High court or Supreme court, because it is the clear violation of your fundamental right (Right to privacy).
You may also file a cyber crime complaint before Cyber Crime Cell or before the magistrate court.
contact a lawyer personally or over the phone for best advice.
Nadeem Qureshi
Advocate, New Delhi
4867 Answers
222 Consultations

4.9 on 5.0

you can approach magistrate under 156(3) crpc & get FIR registered against compainant
Avdhesh Chaudhary
Advocate, Greater Noida
565 Answers
20 Consultations

4.6 on 5.0

1. You should have saves all the screen shots of his FB postings to use as evidence of your allegation,

2. However, you can still try with whatever evidence you have with you & note that Indian Court or police can not direct FB authority to restore the deleted postings of the said IG,

3. If you have already lodged police complaint under copy to senior police officials, file an application before the district Judge under section 156(3) praying for direction upon the police to investigate and act based on your complaint,

4. If still you find no action, file a Writ Petition before the High Court against Police inaction.
Krishna Kishore Ganguly
Advocate, Kolkata
18547 Answers
449 Consultations

5.0 on 5.0

Lodge a police complaint asking to refer to cyber crime department. File a writ petition seeking direction
Jeshma Mohandas KP
Advocate, Kozhikode
567 Answers
1 Consultation

4.5 on 5.0

Send written complaint to police higher authorities seek registration of FIR, if no action is taken then file complaint case before court under Section 156(3) or file writ in High Court for directions to concerned authorities.
S.P. Srivastava
Advocate, New Delhi
703 Answers
13 Consultations

4.7 on 5.0

1. This IG can be prosecuted and punished for defamation and many other serious offences. To bring into public domain an individual's personal life is a serious breach of the wall of privacy which every person is entitled to build around him. 

2. Since the officer concerned is IG the police will not act against its own brethren until and unless there is a court order directing it to initiate legal proceedings against him. The only legal remedy which can produce the desired result is to move the High Court or Supreme Court for the prosecution of this IG.

3. In view of the fact that IG has deleted all the FB postings the only relevant proof in your possession is the compendium of screen shots which you took. FB will neither restore nor give you access to the deleted posts. So keep the screen shots very safe.
Ashish Davessar
Advocate, Jaipur
22977 Answers
634 Consultations

5.0 on 5.0

1. file an application under section 156(3) before judicial magistrate court and narrate full story.

2. if not allowed by court then file a revision before the court of session, because it treated as complaint case then is will be very tough for you to collect evidence against him. so insist before  court to give direction to police to register a case and investigate therein. 

3. your case comes under section 354 D IPC and section 66 A & 66 D of IT ACT it shall be punished with imprisonment of either description for a term which may extend to three years and shall also be liable to fine which may extend to one lakh rupees.

4. FB keep every data even it is deleted by the person and FB is bound by Indian law to provide all such informations on the order of court.

5. so don't worry proceed criminal case against him and fight against these type of evil persons. there are many examples where in these powerful persons are bought behind bar.
Shivendra Pratap Singh
Advocate, Lucknow
5066 Answers
78 Consultations

4.9 on 5.0

file writ of mandamus in high court against police inaction.
R.K. Nanda
Advocate, New Delhi
457 Answers

4.7 on 5.0

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