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What is the legal remedy in cyber crime
15-Jul-2023 (In Cyber Crime Law)
Complainant(girl) filed F.I.R against me but still no chargesheet filed by police.THE F.I.R was registered on 30/01/2017 .The complaint was about fake account on some social networking site.In the fir it is written that I(MYSELF) have created her fake account according to the girl.I was called to the police stn on (1/02/2017) for statement and they attached to that fir.But i have not created her fake account.I also told this to police officer but they told me that the girl is blaming me and i have to agree that for creating her fake account and she entered my name in the fir. But today(15/07/2017) it is more than 5 months but no chargsheet filed by police nor they traced any ip address neither they came to my house for seizing any electronic device.They only ask for my sim card which i have given to them on(7/04/2017). Can I become the accused without any evidence and witness but only on the behalf of HEARSAY? The complainants parent also make this thing viral on media and newspaper.
The police has to file charge sheet within 90 days of FIR.
If possible avail me the copy of FIR. I have to check the role the police have attributed against you.
Since the FIR is filed on 30.01.2017, the police should have filed charge sheet within 90 days before the magistrate court.
If possible avail me the copy of FIR. I have to check the role the police have attributed against you.
Since the FIR is filed on 30.01.2017, the police should have filed charge sheet within 90 days before the magistrate court.
Helpful?
10+
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Adv. M.A. Rahman
Mumbai | 100+ Answers
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1. Investigation in any case can go for the years and their is no limitation for filling of the charge-sheet.
2. The police if are not able to recover nay evidence against you definitely they will file a report before the court for closure of the case for lack of evidence. Rest for understanding the detail consultation kindly connect with me in person.
2. The police if are not able to recover nay evidence against you definitely they will file a report before the court for closure of the case for lack of evidence. Rest for understanding the detail consultation kindly connect with me in person.
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Adv. Ravi Jadhav
Pune | 25+ Answers
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firstly the laws and evidence and Information Technology Act (IT Act) are clear which state that the hearsay evidence is not admissible in the court of law. and hence in your case the hearsay evidence does not have an evidentiary value.
secondly if you say that "...i have to agree that for creating..." if you have agreed already then you are in a big trouble. If not then you are safe. please do not succumb to any pressure and agree to false statements. in order to take action against the police you may approach Police Compliant Authority and file an online compliant. (note for this compliant against police you need to have evidence else it will back fire)
thirdly you may ask them to return back the sim card through which you will come to know the sage of the investigation. If you apprehend an arrest you may apply for an anticipatory bail.
fourthly if the parents are spreading ill against you you may file a case of defamation against them under the Indian Penal Code.
if you need any further information you may visit at office with prior appointment.
all the best.
regards
Himanshu
secondly if you say that "...i have to agree that for creating..." if you have agreed already then you are in a big trouble. If not then you are safe. please do not succumb to any pressure and agree to false statements. in order to take action against the police you may approach Police Compliant Authority and file an online compliant. (note for this compliant against police you need to have evidence else it will back fire)
thirdly you may ask them to return back the sim card through which you will come to know the sage of the investigation. If you apprehend an arrest you may apply for an anticipatory bail.
fourthly if the parents are spreading ill against you you may file a case of defamation against them under the Indian Penal Code.
if you need any further information you may visit at office with prior appointment.
all the best.
regards
Himanshu
Helpful?
22+
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Adv. Himanshu Nagarkar
Pune | 25+ Answers
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