REGD/AD
REF NO. LAC-30092022-15:30 DATE: 30.09.2022
TO,
SHO,
___________,
South West Delhi,
110058
SUBJECT: COMPLAINT AGAINST THE CRIMINAL OFFENCE OF EXTORTION U/S 384 OF THE INDIAN PENAL CODE, 1980, 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
9074093107 …Accused No.1
9263742688 …Accused No.2
9974064970 …Accused No.3
7461869631 …Accused No.4
Under the instructions and on behalf of my client Abhijit Giri, S/O Asit Giri, R/O Jaijagannath apartment, 2nd floor, 15 Nilganj Road, Sodepur Panihati (m) North 24 Parganas West Bengal – 700110, hereinafter, referred to as the Complainant, I do hereby serve upon this complaint against the above mentioned accused persons.
That, the Complainant who is a Business Manager at a Private Company is a law abiding citizen without any criminal antecedent and is currently residing at Jaijagannath apartment, 2nd floor, 15 Nilganj Road, Sodepur Panihati (m) North 24 Parganas West Bengal – 700110.
That, the Complainant would like to bring to your notice the criminal offence of extortion under section 384 of the Indian Penal Code, 1980, 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.
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/- (Rupees Five Thousand) to the Masseuse.
That, later after the Masseuse left, the Complainant received a call at 20:00, from a person claiming to be the husband of the Masseuse and threatening him to pay more money otherwise he would circulate nude pictures of the Complainant clicked by the Masseuse on the internet. That the offence of Violation of Privacy under Section 66E of the IT Act has been committed against the Complainant by the Accused.
That, the Complainant after the call was in a state of shock and fearful of his and his family’s image, he transferred Rs. 6,000/- to the caller. And thus the offence of extortion has been committed against the Complainant by the Accused.
That, the Complainant had 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 next day the Complainant again got a call after which he transferred Rs.20, 000/- (Rupees Twenty Thousand) again on the given number.
That, the Complainant kept on getting calls of extortion wherein he was somehow edited 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/-(Rupees Forty Thousand) from the Complainant threatening him to deposit the same or she will edit all pictures and make a video of 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 Sujal Patel, containing inappropriate pictures of himself and messages demanding money, after which the Complainant deposited Rs. 20,000 (Rupees Twenty Thousand) at one instance and Rs. 25,000 (Rupees Twenty Five Thousand) at another instance. That at one time when the Complainant had no money he even transferred money Rs. 32, 000 (Rupees Thirty Two Thousand) through his friend’s account. That the offence of Publishing or Transmitting of Material Containing Sexually Explicit Act, etc. in electronic form under section 67 A of the Information technology Act, 2000, 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 caller from his account has also started receiving calls.
That, a complaint has already been made with the Cyber Cell dated 29/09/2022.
That, the Hon’ble Supreme Court in its decision in Satvinder Kaur v. State (Govt of NCT of Delhi) (1999) 8 SCC 728 held that “Section 178 CrPC, inter alia, provides for a place of enquiry or trial when it is uncertain in which of several local areas an offence was committed or where the offence was committed partly in one local area and partly in another and where it consisted of several acts done in different local areas, it could be enquired into or tried by a court having jurisdiction over any of such local areas. Hence, at the stage of investigation, it cannot be held that the police does not have territorial jurisdiction to investigate the crime.”
That, under these circumstances, I request you to file an FIR according to the directions given by the Apex court in the landmark judgement of Lalita Kumari v/s Govt. of U.P. where it was laid down that the registration of FIR is mandatory under Section 154 of the Code if the information discloses commission of a cognizable offence and that the police officer cannot avoid his duty of registering FIR if cognizable offence is disclosed.
That, the Union Ministry of Home Affairs vide communication February 6, 2014, while placing reliance on the decision of the Supreme Court in Lalita Kumar v. State of UP, inter alia directed “when it becomes apparent that even if the offence has been committed outside the jurisdiction of the police station, Zero FIR would be registered and the FIR will then be transferred to the appropriate police station as per Section 170 of CrPC."
I, therefore serve upon you this complaint and request you to direct the SHO to register a complaint/FIR, under the above-mentioned sections and provisions of law against the above-mentioned Accused people and investigate the matter, collect the evidences and further provide me with the status report or ATR as soon as possible.
A copy is kept for record and for further Legal Action.
ANUPAM KUMAR MISHRA
ADVOCATE
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