I have raised certain complaints of regulatory and legal violations with the regulator against an insurance company. In turn, the company had filed an FIR of data theft against me. In addition to it the company also filed multiple civil cases under various provisions of the law against me. Please advise me how to get rid of these cases. There is no protection available to corporate whistleblower in India. I am suffering a lot due to multiple cases being filed against me. It is very difficult for me to fund for fighting these cases. The company against which I raised the complaints was being run by tainted promoters, who themselves are in jail for various economic offences. Please advise me how to proceed with these cases and how to get them closed. First of all, I want to get the FIR quashed in the High Court. The FIR is registered u/s 66B of IT Act and 406 of IPC. The chargesheet has been filed in the court. What are the chances of getting the FIR quashed. I have sufficient proofs of making complaints with the regulator and Govt departments. Please advise on my case. thanks
If you are a genuine whistleblower and have disclosed their data in public interest then there are sufficient grounds for the court to quash your fir.
Therefore file a petition in the high court.
Moreover, the promoters are engaged in fraudulent activities and are in jail. That itself is proof of your sincerity. Annex all the evidence/details.
If you have evidence that the said fir are counterblast of your complaint then you file quashing petition and get all the said fir quashed. It will be quashed by HC. Civil cases you need to get it dismissed if the same doesn't have merits
Dear Querist
at the time of quashing the FIR or charge sheet, the HC will see only the version of the prosecution and not the version of the accused.
File a writ petition before the HC and try to bring all your defence on record of the trial court then you may get the quashing of FIR.
Or Fight the case on merit.
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-Whoever dishonestly received or retains any stolen computer resource or communication device knowing or having reason to believe the same to be stolen computer resource or communication device, shall be punished with imprisonment of either description for a term which may extend to three years or with fine.
- Since, you has raised complaints against the insurance company , then on this ground the said company cannot lodged an FIR , as raising issues means that you have given information for violation of the rule.
- Further, the said insurance company will have to produce evidences for theft of their information & data .
- Further, if the charge sheet has already filed , then you can go through to find out the evidences submitted by the police in the said FIR .
- However, you can approach the High court for quashing the said FIR on the ground mentioned by you .
- In the absence of charge sheet contents , a proper suggestion cannot be given.
Quashing is to be done only in exceptional circumstances
2) better option is to file for discharge before trial court
Instead of applying for FIR quash you may better file a petition to quash the charge sheet.
You know that they are false charges hence you may collect the documents to support your statement that they are false charges and you have been unnecessarily implicated in this false and foisted case just for the reason that you turned out to be a whistle blower.
You may discuss at length with an experienced advocate in the local and proceed as suggested in respect of other cases that have been foisted against you.
You need to move the High Court to get the FIR quashed, by establishing there is no prima facie case against you for criminal breach of trust under Sec-406 of the IPC. If you have enough evidence on hand against the insurance company, pursue your complaint vigorously with the regulator and the government department, no matter whether 'whistle-blower' protection is available or not, to expose the guilty.
Dear Client,
Without looking into the case file it is very difficult and not wise to comment on your case. But for quashing the FIR against you can definitely pray to the High Court under Section 482 CrPC and submit all the documents before them for consideration. If the court feels satisfied they shall quash the FIR against you.
Thank you.
Hi,
If the fact on which you have been fighting are true correct and public at large is effect whereby company is gaining wrongful profits to him and wrongful loss to public immediately file the complaint against the insurance company before executive magistrate and call them to dismiss the license of such company. Also report the company to ombudsman under companies act.
Rgds
I am aware that the possibility of favorable judgement is only 50%. I would like to add following information. The company had filed two different criminal cases against me one u/s 156(3) and other u/s 200 of CrPC. both cases filed for offences u/s 66B of IT Act and 406 of IPC. under the first case, the FIR got registered against me and other is still pending and no notice received by me till date. The company had filed other civil cases quoting same incident and filed 3 different cases for Defamation and breach of trust as well. All this is being done just to harass me. The company is fully aware that I am not financially sound and could give up during the process. One more thing is notable here, that during the process of all these cases, whether Criminal or Civil, No prior notice was ever issue by company to me and no one had ever listened to my part of story ever. I was never given a chance the brought my part of story on record. The company is citing the proofs submitted by me to regulators and Govt departments as stolen documents and want to convict me on the basis of that documents. On the other hand, the regulators and Govt agencies won't entertain any complaint without any supporting evidence. I am badly stuck and do not understand what to do. Neither the Govt nor any regulator helping me. Not getting any good legal advice on how to tackle these cases. My problem is not with the cases, because I know that these are fake cases, my problem is with managing these cases. The company is also aware of this fact and they trapped me in web of these cases. Please advise me on this. Thanks
You can file for quashing on basis that no notice was issued to you under section 41A of cr PC
your statement was never recorded by police
Dear Querist
If the defamation cases are criminal defamation then you may file an application for transfer the cases to the same court where the another matters are pending and all the matter may club together and try together.
In case of Civil defamation, you will have to fight the cases individually, take the help of the advocate who deals in criminal matters.
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You cannot keep repeating the issues here without looking for the solution IOU desire, to get out of this problem.
Whatever you say has to be challenged before appropriate courts of law where the cases have been filed against you.
You have to engage an advocate to deal with the cases properly because any advise given on this platform may not come to your rescue until you practically get into the cases and challenge them on merits in your side.
You need to contest the same as stated aforesaid. No other remedy to get away