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FIR REGISTERED ON 04/06/2024 NOT MOVING TO COURT


23-Sep-2024 (In Cyber Crime Law)
I am from Delhi I am suffering from Bipolar Affective Disorder on 19th june24 Mumbai police issued me 41(a) notice someone from my past employer had complaint about a twitter account renamed by me & posted some tweets charged me for IPC 500, 419 & 66c IT. It was a trap to put me in jail because the past employer illegally terminated me & now they want to spoil my case for my reinstatement. The police has seized my phone without giving me any seizure note & now they are not moving chargesheet
Answers (2)

Answer #1
546 votes
Well, if the Police has seized your Mobile without sharing Seizure Memo with you, then it is absolutely illegal. Moreover, if they are not filing Chargesheet in Court within a prescribed time period, they have to state reasons for the same in Court before seeking extension for getting the investigation done.
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Answer #2
503 votes
residing in Delhi, the applicant/accused in the above-mentioned matter, humbly submit the following for your kind consideration:
On 19th June 2024, the Mumbai Police issued me a notice under Section 41(a) of the CrPC based on a complaint filed by my former employer
The complaint alleges that I had renamed a Twitter account and posted defamatory tweets, thereby charging me under IPC Sections 500 (Defamation), 419 (Impersonation), and Section 66C of the IT Act (Identity Theft).
I was wrongfully terminated by my former employer, and I believe this complaint is a deliberate attempt to harass and malign me, especially as I am pursuing legal action for my reinstatement.
2. Health Condition and Malicious Intent:
I am currently suffering from Bipolar Affective Disorder, a condition that impacts my mental health. The complainant is aware of my mental health challenges and is attempting to exploit my condition by initiating false and malicious proceedings with the intent to trap me in criminal litigation and undermine my case for reinstatement.
3. Seizure of Phone Without Seizure Memo:
During the investigation, the police seized my mobile phone without providing me with a proper seizure memo, which is in violation of the legal process. Under the provisions of CrPC, any seizure must be accompanied by a seizure memo, and I was deprived of this fundamental right. The improper seizure of my phone is prejudicial to my defense.
Despite several requests, the police have not issued me any documentation regarding the seizure, raising concerns about the integrity and legality of the investigation.
4. Delay in Filing of Chargesheet:
There has been an undue delay in filing the chargesheet, causing me considerable stress and uncertainty. The police have not taken any steps to proceed with the case despite my cooperation in the investigation. This delay is not only unjust but also a violation of my right to a speedy trial as guaranteed under the Constitution of India.
5. Request for Relief:
Quashing of FIR/Discharge from Charges: In light of the baseless and malicious nature of the complaint, I seek relief from this Hon'ble Court to quash the FIR or direct the investigating authorities to discharge me from the false charges.
Return of Seized Phone: I request this Hon'ble Court to issue directions for the immediate return of my seized phone or, at the very least, provide a seizure memo detailing the grounds and circumstances of the seizure.
Direction for Filing of Chargesheet: I request the Court to direct the investigating authorities to either file the chargesheet.
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