Legal Question in Criminal Law in India

Dear Sir i have query regarding my own case.

A girl from out of India had sent a complaint by e-mail to police commissioner.the contain of the complaint is "i am being harassed by unknown person by email since 1 month and person is asking money against my private photos. he will publish my photographs if his demand will not fulfill. I hired a private investigation agency after first email and they did conversation on behalf of me for investigation purpose and decided to complaint to Indian authority.i asked to police take any possible action to recover my private photos"

She also sent PDF attachment of emails conversation.

police had registered an fir..during the investigation they found IP address of many countries and two ip belongs to india which were mine.but they have not checked any original contain of PDF emails. and arrest me under section 386,120B,379 of IPC and information technology act 2000 section 66.

during the investigation police checked sender's email account and they have not found any email.then they asked to Google USA with the help of letter of rogatory to recover deleted emails of sender account and inbox of receiver girls email account but Google has failed to recover all deleted emails and sent inbox details of the girls account. where all threatened emails are not available in her account only some conversation of friendly and request are available. two email in which she claimed the person will published my photograph and asking money against stuff are not available in her inbox.these emails are fake.

charge sheet is submitted and framing of charges are still pending.all charges do not suit in this case.

1- Is this possible to quashing the FIR at the time of framing the charge.

2-Is this right way to file FIR.

3-what is the value of conversation between accused and private investigator.\

4-transaction or theft not done so 379 and 386 is OK?

5.i am single accused and evidence of hacking are not available in charge sheet so 120B and section 66 of ITA 2000 its OK..?

6-PDF hard copy of emails without attestation is valid in Indian law or how to challenge it.?

7- what is the processor to submit hard copy of email and email statement and email complaint is valid in Indian law.


Asked on 3/11/13, 12:00 am

2 Answer from Attorneys
Rajiv Chandhok Ph: +919810050896 https://www.linkedin.com/in/rajiv-chandok-0827b733/

A fit case of quashing of FIR as 379 and 120-B not made out 386 is also not made out as the extortion was not commited at all. refer section 383 IPC for meaning of exortion. The police should have charged 511 alongwith 386 as extortion was not committed and only attempt was made.

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Answered on 3/11/13, 12:25 am


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