Police report
Uma Roy
(Querist) 09 September 2011
This query is : Resolved
I am a 59 years old housewife. My husband has filed several criminal & civil cases against a well known Builder on charges of cheating etc. To coerce my husband to withdraw the said cases the Builder started violating my privacy & confidentiality by hacking my private financial records whereupon I filed a case against them u/s.471/465/468/506/120B IPC, u/s 72 of the Information Technology Act 2000 and u/s.66A/66B/66C/72A of the Information Technology (Amended) Act 2008. After investigation for over 1 year the Police have filed a Final Report stating that "“Therefore they (the accused persons) are liable for prosecution u/s. 72/72A I.T Act. Sufficient evidences u/s.465/468/506/120B IPC and 66A, 66B, 66C IT Act has been well established against them” However,the Dy.S.P has commented that "Although the offences were committed but the notification of the amended act took place after the time of occurrence of the offence and other sections of I.P. could not be implemented or effective. Hence I.O submitted F.R as mistake of law”. What exactly is the meaning of mistake in law and what recourse do I have now?
PARTHA P BORBORA
(Expert) 09 September 2011
The parliament enacts an Act and each and every law enacted by parliament come in to force from the date of Gazette notification of the law or the Act itself contains a specific date from which the particular Act come in to force.
If any one committed an act which was not illegal before the Parliament passed the law; thereby provide any penalty/conviction or any king of punishment, shall only applicable for the offences committed after the Act came in to force.
Hope, answer the query.
Guest
(Expert) 09 September 2011
if the police has submitted the final report and you are not satisfied with the report then you can file a protest petition and also you can make application to the higher authorities of police to re investigate the case.
prabhakar singh
(Expert) 09 September 2011
What exactly is the meaning of mistake in law and what recourse do I have now?
Let us solve it by an illustration.A kills B
on 31/12 2010.on this date suppose there is no IPC and it is not declared by law that such an act is prohibited and if some one commits will be charged of murder and will be sentenced to death.
Also suppose that the parliament was in the process of meeting out such an eventuality and a bill of IPC was in the process which stood finalized and got enforced on 01/01/2011 declaring that no person can kill any other person and if some do so he /she will be charged of murder and shall be punished to death.
Now on 02/01/2011,one relative of B visits police station and reports that A has killed B .police after writing the FIR,proceeds to investigate and finds that A has killed B.Soon after the evidence strikes in mind of police that incident took place on 31/12/2010,and it transpires that at that date the act of killing was not prohibited as in fact it became prohibited and punishable with effect from
01/01/2011. hence it was a mistake of law
to understand that any crime was committed on 31/12/2010,hence police decided it was its mistake of law to register the FIR as on date of incident it was not a crime to do killing.And Fir could be lodged for only those killings which takes place either on or after01/01/2011,the date on which killing was declared an offence punishable.
Exactly same thing has happened in your case with respect to act complained off by
you.
Devajyoti Barman
(Expert) 09 September 2011
It means the police wants to give benefit to the accused persons by applying the principle of 'ex post facto law' or in other words the police does not wish to give retrospective effect of the law on the ground that at the time of commission og offence the IP Act was not in operation.
The Police by doing this ha clearly misdirected itself or over stepped its jurisdiction.
Anyway the case may be reopened for which the Police Report and the Complaint needs to be looked into.
Guest
(Expert) 10 September 2011
I endorse the opinion of Shri Devajyoti Barman.
Uma Roy
(Querist) 10 September 2011
Respected Sirs: Thank you for your valuable comments/advice. I have a question please. The I.O admits that in addition to offences committed under provisions of the Information Technology (Amended) Act 2008 which was notified on 27/10/2009, the accused persons also committed offences u/s. 465/468/506/120B IPC and u/s.72 of the Information Technology Act 2000. These acts have been in force for a long time. So what reasons can the Police have for not issuing a Charge Sheet on the basis of the above offences? Can I pray before the Ld. ACJM to issue a Show Cause Notice on the I.O to explain why the above action was not taken? Is it correct that it is no longer permissible to file a "Narazi Petition"? Uma
Uma Roy
(Querist) 10 September 2011
Can I approach the High Court directly without first going through the Lower Court (Additional Chief Judicial Magistrate)?
M/s. Y-not legal services
(Expert) 11 September 2011
Yes. You can.. For expedite the proceeding you can approach high court directly.. If final report not filed mean pray for direct the respondent police to file final report.. Court will frame time limit for to do so.
Uma Roy
(Querist) 11 September 2011
The Police has filed a final report mentioning that although the offences were committed there has been a mistake of law. However, the correct facts have been misrepresented. Please see copy of attached letter to Public Grievance Cell of Kolkata Police for the facts. What should be our next step of action? Can I approach the High Court? How can I find a good criminal lawyer in Kolkata?
