BEFORE THE HON’BLE COURT OF
METROPOLITAN MAGISTRATE
TIS HAZARI, NEW DELHI
COMPLAINT CASE NO. /2022
IN THE MATTER OF:
ABHIJIT GIRI …COMPLAINANT
VERSUS
SUJAL PATEL & ORS. …ACCUSED
INDEX
COMPLAINANT
THROUGH
ADV. ANUPAM KUMAR MISHRA
A-1B/26, Janakpuri, New Delhi-110058
9051112233
NEW DELHI
DATE: 06.10.2022
BEFORE THE HON’BLE COURT OF CHIEF
METROPOLITAN MAGISTRATE,
TIS HAZARI, NEW DELHI
COMPLAINT CASE NO. /2022
IN THE MATTER OF:
ABHIJIT GIRI …COMPLAINANT
VERSUS
SUJAL PATEL & ORS. …ACCUSED
COURT FEES
COMPLAINANT
THROUGH
Adv. Anupam Kumar Mishra
A-1B/26, Janakpuri, New Delhi-110058
9051112233
NEW DELHI
DATE: 06.10.2022
BEFORE THE HON’BLE COURT OF CHIEF
METROPOLITAN MAGISTRATE,
TIS HAZARI, NEW DELHI
COMPLAINT CASE NO. /2022
IN THE MATTER OF:
ABHIJIT GIRI …COMPLAINANT
VERSUS
SUJAL PATEL & ORS. …ACCUSED
MEMO OF PARTIES
1. ABHIJIT GIRI ...Complainant
S/O Asit Giri,
R/O Jaijagannath apartment,
2nd floor, 15 Nilganj Road,
Sodepur Panihati (m) North 24 Parganas
West Bengal – 700110
ALSO AT
C-6A-20A, Janakpuri, Ground Floor,
New Delhi, 110058 (Communication address)
VERSUS
1. SUJAL PATEL
7461869631
Address: Unknown …Accused No.1
2. 9074093107
Address: Unknown …Accused No.2
3. 9263742688
Address: Unknown …Accused No.3
4. 9974064970
Address: Unknown …Accused No.4
COMPLAINANT
THROUGH
Adv. Anupam Kumar Mishra
A-1B/26, Janakpuri, New Delhi-110058
9051112233
NEW DELHI
DATE: 06.10.2022
SYNOPSIS
The complainant has filed an application u/s 156(3) Cr.PC for directing the SHO, Cyber Police Station West to register an FIR u/s 154 Cr.PC for the Criminal offence of Violation of privacy under section 66E, Punishment for Publishing or Transmitting of Material Containing Sexually Explicit Act, etc. in electronic form under section 67A of Information Technology Act, 2000 and of Extortion under Section 384 of the Indian Penal Code, 1980.
The Complainant during his work trip to Bombay through an online agent booked a Masseuse. After availing the services the Complainant paid a sum of Rs. 5000.00 (Rupees Five Thousand) to the Masseuse. Later after the Masseuse left, the Complainant received a call at 20:00 P.M., from a person claiming to be the husband of the Masseuse and threatening him to pay more money otherwise he would circulate Morphed nude pictures of the Complainant in a compromising state on the internet. The Complainant in a state of shock and fearful of his and his family’s reputation, transferred Rs. 6,000.00 to the Blackmailer and since then the Complainant has been receiving calls of extortion wherein he is somehow morphed into obscene and inappropriate pictures and is threatened that the pictures will be circulated and posted online if the Complainant did not deposit the requested amount of money and as a result the Complainant has already transferred approximately Rs. 1,80,000 (Rupees One Lakh Eighty Thousand Only) to the Blackmailers.
Now that the Complainant has surrendered both his phone numbers, Complainant’s friend who had once transferred money to the blackmailer from his account on the Complainant’s behalf has also started getting calls from the Blackmailers. The complainant prays that the court may be pleased to take cognizance under relevant section, to issue directions to SHO of Cyber Police Station West to register an FIR and to take necessary action U/S 156(3).
LIST OF DATES AND EVENTS
BEFORE THE HON’BLE COURT OF CHIEF
METROPOLITAN MAGISTRATE
TIS HAZARI, NEW DELHI
COMPLAINT CASE NO. /2022
IN THE MATTER OF:
ABHIJIT GIRI …COMPLAINANT
VERSUS
SUJAL PATEL & ORS. …ACCUSED
APPLICATION U/S 156(3) FOR DIRECTION TO SHO
CYBER POLIC STATION WEST, TO REGISTER AN FIR U/S 154 CR.P.C AGAINST THE ACCUSED PERSON FOR COMMITTING THE CRIMINAL OFFENCE VIOLATION OF PRIVACY U/S 66E, PUNISHMENT FOR PUBLISHING OR TRANSMITTING OF MATERIAL CONTAINING SEXUALLY EXPLICIT ACT, ETC. IN ELECTRONIC FORM U/S 67A OF INFORMATION TECHNOLOGY ACT, 2000 AND EXTORTION U/S 384 OF THE INDIAN PENAL CODE, 1980
MOST RESPECTFULLY SHOWETH:
That, the Complainant is constrained to approach this Hon’ble court by means of filling the instant application U/S 156 (3) for registering an FIR against the Accused Persons for intentionally capturing and publishing and transmitting inappropriate pictures of the Complainant without his consent with the intention to extort money from the Complainant, thereby causing innumerable emotional distress and significant loss of time and resources and money to the Complainant.
BRIEF FACTS: At the outset, the Complainant seeks the liberty of this Hon’ble Court to narrate brief facts which are essential for the proper adjudication of the present Complaint:
That, the Complainant, is a Manager, at a Private Company is a law abiding citizen without any criminal antecedent.
That, on March 7, 2022, during the Complainant’s work trip to Bombay the Complainant through an online agent booked a Masseuse for which he was asked to give all the details of his Hotel room including a picture of the same. After sending the same and later availing the services the Complainant paid a sum of Rs. 5000.00 (Rupees Five Thousand) to the Masseuse.
That, later after the Masseuse left, the Complainant received a call at 20:00 P.M., from a person claiming to be the husband of the Masseuse and threatening him to pay more money otherwise he would circulate nude and compromising pictures of the Complainant clicked by the Masseuse, on the internet. Therefore by such nonconsensual act of capturing the private area of the Complainant and Morphing the same the Accused have committed the Criminal offence of Violation of Privacy.
That, the Complainant after the call was in a state of shock and fearful of his and his family’s reputation, he transferred Rs. 6,000.00 to the Blackmailer. And thus the offence of Extortion has been committed against the Complainant by the Accused persons.
That, the next day the Complainant again got a call after which he transferred Rs.20, 000.00 (Rupees Twenty Thousand) again on the given number.
That, the Complainant kept on getting calls of extortion wherein he was somehow morphed into obscene and inappropriate pictures and was threatened that the pictures will be circulated and posted online if the Complainant did not deposit the requested amount of money.
That, again in the month of April he starting getting calls and messages of a girl from unknown numbers demanding Rs. 40,000.00(Rupees Forty Thousand) from the Complainant threatening him to deposit the same or she will convert all Morphed pictures to make a video of the same and circulate it online.
That, the Complainant stopped taking calls and blocked many callers. He even surrendered one of his phone number. But again in September he started getting messages from a Sujal Patel, containing inappropriate Morphed pictures of himself and messages demanding money, after which the Complainant deposited Rs. 20,000.00 (Rupees Twenty Thousand) at one instance and Rs. 25,000.00 (Rupees Twenty Five Thousand) at another instance. That at one time when the Complainant had no money he even transferred money Rs. 32, 000.00 (Rupees Thirty Two Thousand) through his friend’s account. And as such the offence of Publishing or Transmitting of Material Containing Sexually Explicit Act, etc. in electronic form has been committed against the Complainant by the Accused.
That, now when the Complainant has surrendered both his numbers, his friend who had once transferred money to the blackmailer from his account has also started getting calls from the Blackmailers.
That, a complaint vide Acknowledgement Number-20809220062699, has already been made with the Cyber Cell dated 29/09/2022. (Copy of the Complaint is Annexed herewith as Annexure A3)
That, the complainant had sent complaints to officials of:
SHO– Cyber Police Station West
Dated: 01.10.2022
ACP– Cyber Police Station West
Dated: 01.10.2022
DCP– Cyber Police Station West
Dated: 01.10.2022
Against the accused persons, intimating about of the Criminal Offences and requesting them to take necessary actions. (Copy of the complaints and their postal receipts has been attached with the application herewith as Annexure-A2).
3. CAUSE OF ACTION: The cause of action that leads to the filling of the instant application are enumerated herein:
That, the First Cause of Action arose on March 7, 2022, when the Complainant received a call at 20:00 P.M., from a person claiming to be the husband of the Masseuse threatened and blackmailed him to pay more money otherwise he would circulate nude pictures of the Complainant in a compromising state clicked by the Masseuse, on the internet. Also, the Complainant after this transferred Rs. 6,000.00 to the Blackmailer and thought that he would not be getting any more calls but little did he know that he was caught in the web built by Scammers and that it was just the beginning.
That, the Complainant since then has received numerous calls and he has already transferred approximately Rs. 1, 80,000 (Rupees One Lakh Eighty Thousand Only) to the Blackmailers.
That, the Cause of Action is continuing as even when the Complainant has surrendered both his numbers, his friend who had once transferred money to the blackmailer from his account has also started getting calls from the Blackmailers.
That, the most recent transactions have been mentioned below:
4. J U R I S D I C T I O N
a. That, for the purpose of Jurisdiction, it is set at the territory of CYBER POLICE WEST DIST, located at IInd Floor, PS Hari Nagar, New Delhi – 110064; where the Complainant made his first Complaint.
b. That, since the aforementioned location falls within the territorial Jurisdiction of this Hon’ble court, this court has the power to try, entertain and adjudicate the application and proceed with necessary action.
5. That, in the light of the aforementioned facts, circumstances of the case and averments made, the Criminal offence of Violation of privacy under section 66E, Punishment for Publishing or Transmitting of Material Containing Sexually Explicit Act, etc. in electronic form under section 67A of Information Technology Act, 2000 and of Extortion under Section 384 of the Indian Penal Code, 1980, have been committed against the Complainant by the Accused persons whose identity is yet unknown.
6. That, the Complainant to protect his family’s image had been transferring money to the blackmailer. However, when the Complaint realised that this was never ending he surrendered both his numbers and now his friend who has once transferred money to the blackmailer from his account on behalf of the Complainant has also started getting calls from the Blackmailers. Therefore, the complainant is resorted to filling this instant application to seek legal remedy in the interest of Justice.
P R A Y E R
IN VIEW OF THE SUBMISSIONS MADE HEREIN ABOVE AND IN CONSIDERATION OF THE SERIOUSNESS OF THE OFFENCES COMMITTED BY THE ACCUSED PERSONS, THE COMPLAINANT MOST RESPECTFULLY PRAYS THAT THIS HON’BLE COURT MAY BE PLEASED TO:-
Take cognizance under the relevant sections such as S. 66E, S. 67A OF IT ACT AND S. 384 OF IPC, in the interest of justice.
Issue a direction to Station House Officer (SHO), Cyber Police Station West to register an FIR against the Accused Persons to investigate the matter and submit a report to this Hon’ble Court and prosecute and punish the above named accused Person in accordance to rule and procedure prescribed by the Law.
Take necessary action on this matter U/S 156(3) Cr.P.C, 1973 as deemed necessary by this Hon’ble Court.
Pass any other further order(s) which this Hon’ble court may deem fit and proper in the facts and circumstances of the present case.
COMPLAINANT
Through the Counsel for Complainant
ADV. ANUPAM KUMAR MISHRA
A-1B/26, JANAKPURI,
NEW DELHI-110058
9051112233
NEW DELHI
DATE: 06.10.2022
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