Bhaskaradeepak (SOFT. ENGG.) 22 September 2009

Can complaint file against SMS?

Hello Lawyers,

I had been in a relation with a girl form UP,when i found she is cheating i abused her and opted to end off.She sended me a SMS stating she will comiit suicide.It happened 2 weeks beofre.Can i file a complaint against her?I want to make sure if she opt's for some foolosih decision i msut not be held responsible.Is there any possiblity i can recver the voice packets when she told about her suicide plight? iuse a vodafone post paid connection.The girl is from UP,while i am from TN,chennai.

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9 Replies

GUDAKESH (LAW OFFICER) 22 September 2009

Electronic records are admissible as evidence as per IT Act, 2000. Well it is still not clear, what for you will complaint as she does not seem to have done any harm to you. will it be for your shedding the responsability if at all she commits suicide. For that you only need to do is to let the police station where she resides be aware of that the fact that she intends to commit suicide.

Kamal Grover (Advocate High Court Chandigarh M:09814110005 email:adv.kamal.grover@gmail.com) 22 September 2009

May i know why she send such SMS. Means did u have any physical relation with her?

If not then you can approach to the police and write your informatory application so that in furture if anything happens then u will not be responsible.

Regards
adv.kamal.grover@gmail.com

Sachin Bhatia (Advocate) 22 September 2009

Now that the two of you are no longer together, he's blackmailing you by threatening to commit suicide. It's best that you should address the issue to his family, so they could be fully aware of the situation. Also, if you could, address the issue to the authorities. Most importantly, stop responding to his text messages and phone calls.

PRAKASHCHANDRA MARU (lawyer) 23 September 2009

u should inform her family that she blackmail and it should be informed on phone or in the [resence of another witness and if any thing disclose that she is blackmailing u it will u save

Adinath@Avinash Patil (advocate) 12 October 2009

I AGREE WITH KAMAL

GURINDER KUMAR MANGLA (ADVOCATE) 24 October 2009

MATTER SHOULD BE INFORMED TO THE POLICE.

Kiran Kumar (Lawyer) 24 October 2009

i find concurrence with opinion expressed by Mr. Sachin and Mr. Maru.

such type of matters must be solved at family level....police in fact have a little role to play, but if necessary you may approach the police, even they will try to make out a reasonable solution without resorting to court proceedings.

Bhaskaradeepak (SOFT. ENGG.) 26 October 2009

Thanks for your advices.Actually i informed her fiance about this issue.I found that numbe is not in her name,but in her freinds name,now she stopped using that number too.So can i leave the issue with this.?

Bhaskaradeepak (SOFT. ENGG.) 06 November 2009

Mr.kamal we were involved in a sort of physical relaton but not fully, that could be proven legally.But it happened with her full consent.She came to my room that day willingly i stayed in a railway rest room.Indeed she spoke with the pupil in changing my rom to an AC room.Can u plz send me the format of the complaint to be submitted at station?