Fake cyber complaint
1 year ago
We are providing bulk SMS services.. we have a registered ID for it one day a call came from cyber crime rohtak that you are sending fake SMS and someone loosing 2.5 lacs in it come to rohtak for it ...they mailed us copy of FIR in which our name is not mentioned but that ID mentioned through which we didn't send any message since 2019.. they daily called us to come rohtak ..we filled complaint in MTNL regarding this also but cyber crime from rohtak harnessed us what to do please advice ...as we are a very small company just 2 person and just doing our work only. How can we get rid of this please suggest ?
A.Dear Client,
If necessary you can first file for an Anticipatory bail under section 438 of CrPC and after that You can file a writ petition under Article 226 of the Constitution and can approach the High Court to quash the false FIR. If the High Court finds that grave injustice has been caused to you because of the false FIR, then it can go for quashing of the same.
You can also use section 482 of CrPC to ask the High Court to quash the case to secure the ends of justice.
Thank You, I hope this answer helped you.
If necessary you can first file for an Anticipatory bail under section 438 of CrPC and after that You can file a writ petition under Article 226 of the Constitution and can approach the High Court to quash the false FIR. If the High Court finds that grave injustice has been caused to you because of the false FIR, then it can go for quashing of the same.
You can also use section 482 of CrPC to ask the High Court to quash the case to secure the ends of justice.
Thank You, I hope this answer helped you.
Helpful
Helpful
Share
Subhashis Paul
Responded 1 year ago
A.First of all take an Anticipatory Bail based on that FIR and then confirm the same from the Court of Rohtak. You may even send a legal letter to the Cyber Crime Branch of Rohtak intimating them about the non performance of the alleged ID since the year of 2019 with relevant documents as evidence supporting your statement. Hopefully your proper cooperation according to the guidance of an advocate with the Rohtak Cyber Crime Branch will get you rid from this problem.
Helpful
Helpful
Share
A.Dear Sir,
You may immediately file anticipatory bail and get the same in Rohtak Court. Further you may ask your Advocate to file application under Section 482 of Criminal Procedure Code for quashing and interim stay on the investigation may be obtained.
You may immediately file anticipatory bail and get the same in Rohtak Court. Further you may ask your Advocate to file application under Section 482 of Criminal Procedure Code for quashing and interim stay on the investigation may be obtained.
Helpful
Helpful
Share
A.Dear Client
First of al try to figure out that which ID was used to sent the SMS and is that ID user allowed by you or you have sold the SMS package to him. As per the latest TRAI rules no one can send an unapproved SMS and you are also kept in loop for approval of the SMS template.
You need to provide all the correct information to the Rohtak Police
First of al try to figure out that which ID was used to sent the SMS and is that ID user allowed by you or you have sold the SMS package to him. As per the latest TRAI rules no one can send an unapproved SMS and you are also kept in loop for approval of the SMS template.
You need to provide all the correct information to the Rohtak Police
Helpful
Helpful
Share
Read Related Answers
Cyber crime financial UPI fraud case registered after not investigation support
Dear Client,
The National Cyber Crime Reporting Portal(NCCRP) is an initiative of the Government of India to facilitate victims/complainants to report cybercrime scams or complaints online and you ca...
Cyber crime
Dear Client,
Sharing private pictures, messages or videos especially of those under 18 either belonging to you or others with/without permission is a serious violation of privacy and is punishable by...
Amount put on hold
Dear Client,
Once a cyber scam is reported to the cyber crime cell and the Bank sends messages informing you that a certain amount of scams have been put on hold, means that the authorities have froz...
lost money to a consulting firm assuring job
Dear Client,
Please file a cyber complaint for online fraud and scam. The national cybercrime hotline number is 155260. File your online fraud complaint at https://cybercrime.gov.in/ Keep validating...
Regarding fraud payment issue by skillnation
Dear Sir,
Fees refund: Should students sue education institutes and can they do so? Yes!
Courtesy: (Dushyant K Mahant, is Founding Partner of Mahant & Mahant
•
Law is on the side of students who wan...
Read Blogs on Cyber Crime
Cyber Crime Lawyers
Find Lawyers by Location
