Framing of charge

Guest (Querist) 11 March 2013 This query is : Resolved

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.

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Sankaranarayanan (Expert) 11 March 2013
What is mentioned in the FIR.The police can easy to find the IP address which is used for sending emails .Are the cyber crime police came and investigated you place and taken you Hard Disk for verification. Are they found any details from your IP

Guest (Querist) 11 March 2013
yes cyber police traced the IP address. only 2 IP was belongs to me. and they seized my laptop and sent to hyderabad forensic lab. but they did not find any photos or any logs of email account and they returned me.but ip address is not mean attempt to extortion.extortion will proved on the basis of contain of emails.but police did not verified any email contain.

Sankaranarayanan (Expert) 11 March 2013
without verified the email how they accused you ,How many days u had friendship with her .

Raj Kumar Makkad (Expert) 11 March 2013
In the given case, your lawyer should strongly argue for your discharge failing which should go before high court for quashing. Police should have deleted some sections while filing the charge-sheet as nothing objectionable has been found against you.

Devajyoti Barman (Expert) 11 March 2013
If FIR is palpably false then think of going to high court in quashing.

Guest (Querist) 11 March 2013
Mr Makkad,as you can understand what police did in this case if anything found then suitable charge is 385. which is bailable but they put 386.and 379 and 120B is completely baseless. about the email 3 email is in hard copy there mentioned i will forward your photos to media or friends..but these two emails are not available in any emails inbox these are totally faked.because her inbox details provided by Google USA is attached with chargesheet.

Nadeem Qureshi (Expert) 12 March 2013
repeated query

Framing of charge

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