FINAL FORM REPORT (Under Section 173 Cr.P.C.

)
IN THE COURT OF SH. PULKIT SARAF, MM, DISTRICT COURT,
Sector-58 Gautam Buddha Nagar, Noida.

District: Noida P.S. Sector-58 Gautam Buddha Nagar, Noida Year: 2018

NCR NO.: 167/2018 Date: 15/05/2018

1. Final Report/Charge Sheet No. 170/2018

2. Dated: 15/05/2018
3. Act Section: Section 43(c), Information and Technology Act,2000 (Introduces or causes
to introduced any computer contaminant or computer virus into any computer system or
computer network)
4. Type of Report: Charge Sheet

5. Whether Charge Sheet Main/Supplementary: Main Charge Sheet

6. Name of I.O. Inspector Raj Malhotra Rank: Inspector PIS No.: 943756

7. Complainant/Informant

(a) Name: Mr. Ram Singh

(b) Father’s/Husband’s Name: Mr. Tushar Singh

(c) Date/Year of Birth: 1985 (d) Nationality: Indian

(e) Passport No.: AA001534787IND Date of Issue: 03-08-2001 Place of Issue:

New Delhi

(f) Occupation: Businessman

(g) Address: B-210 Bhagirathi Apartments, sector 62(A block), Noida-201301.

(h) Tel No.: (0612) 0025674

8. Details of known/suspected/unknown accused with full particulars

(Attach separate sheet, if necessary):
 Height Identificatio
S.No. Name Sex DoB Build Complexion
(approx.) n Marks

Vicky Mole on the

1. Male 05/05/1985 Average 5’8’’ Fair
Kaushal Face

9. Reasons for delay in reporting by the complainant/informant: No Delay.

10. Particulars of properties stolen (Attach separate sheet, if necessary): NA

11. Total value of property stolen: NA

12. List of the witnesse to be examined: -

a) Mr. Manoj Singh, S/o: Rohan Singh, R/o: C-408, Telecom Society, B block, Sector-62,
Noida-201301.

13. List of Documents

Srs No. List of Documents attached in Final Report

1. GD Entry u/s 44 of the Police Act, 1861

2. Fard Bayan of the Informant cum NCR cum Rukka

3. NCR u/s 155(2) of CrPC

4. Forwarding letter to M.M cum Magisterial order

5. Investigation of Cognizable Offence u/s 157 of CrPC

6. Search and Seizure Memo u/s 100 of CrPC

7. Arrest Memo

8. CasperSky (anti-virus report)

9. FSL(Forensic Science Laboratory) report

10. Notices to all the witnesses for recording of the statement u/s 160 of CrPC.

11. Statement of all the witnesses u/s 161 CrPC.

14. Accused:

(a) Name: Mr Vicky Kaushal Whether Verified: Yes

(b) Father’s Name: Sanju Kaushal
(c) Date of Birth: - 01/01/1980
(d) Sex: Male
(e) Nationality: Indian
(f) Passport No.: AA001529584IND
(g) Date and Place of Issue: Delhi
(h) Religion: Hindu
(i) Occupation: Businessman
(j) Address: A-101, Shivkala Apartments B-block, Sector 62, Noida-
201301
(k) Provisional Crime No.............................
(l) Permanent crime no..........................
(m) Date of Arrest: 15/05/2018
(n) Date of release on Bail: ................
(o) Date of forwarding to Court..........
(p) Act& Under Section 43(c), Information and Technology act,2000
(q) Name and Address of Surety: .................
(r) Status of Accused: Police Custody

15. If F.R is false indicate action take or proposed to be take u/s

182/211- IPC: NIL
16. Result of Laboratory Analysis:- ……N.A……..

Sd/-

Signature of IO submitting the final

Charge Sheet

Name: Raj Malhotra

ATTESTATION
STAMP (police officer)
Rank: Inspector
Police Station: Sector-58,
Gautam Buddha Nagar, District: Noida-
201301.

Sd/-

Signature of officer in charge of Police

station- Sector-58, Gautam Buddha Nagar,

District: Noida-201301

Name: Umesh Yadav

(SHO)
Brief facts of the case:

Mr Ram Singh and Mr. Manoj Singh were Business partners in R.M.
Steel Company and Mr. Vicky Kaushal was their business competitors,
they both had their business in the steel manufacturing. On 10th may
2018 Monday Ram Singh received an email in his laptop at 1.40 pm
when he was with Mr. Manoj Singh in his office regarding the annual
general meeting of all the steel brand company from accused Mr.
Vicky Kaushal. He sent a pdf in that mail and as soon as Ram Singh
downloaded the mail the virus hit his laptop and all the details were
crashed. The laptop contained all his professional details regarding his
company in that laptop and it got erased as soon as the mail was
downloaded. The CasperSky anti-virus also gave a report stating the
plant virus was there in the mail sent by Mr Vicky Kaushal, due to this
Ram Singh and Manoj Singh were left blank and due to this they will
have to suffer a huge loss. On 10th May, 2018 at 7.30 pm Ram Singh
and Manoj Singh went to the police station at sector-58 Gautam
Buddha Nagar, Noida-201301 to file the complaint against Mr Vicky
Kaushal for the loss which he has suffered. At the police station Mr
Ram Malhotra (Inspector) had attended Mr Ram Singh’s complaint and
he further sent the case to the Cyber Department of the police. There
Mr Ram Singh’s laptop was seized and the IT department was
successful in getting the IP address of that particular laptop from where
the mail had come and it matched with that of Mr. Vicky Kaushal and
then his laptop was also seized,further his ipad through which he also
used to operate his email was also seized to verify the mail is sent by
him only, there was a FSL report which further stated that the laptop
got an email which was a planted email and Mr. Ram Singh’s laptop
got crashed because of that email.
Fard Bayan of MR. Ram Singh, aged 33 years, S/o Shri Tushar Singh, having his office
(R.M. Steel Company) at C-202 Galaxy Business Park, Noida (sector 62), recorded by
Inspector Raj Malhotra, P.S.- Gautam Buddha Nagar. On 10the may 2018, Noida at 7.30 pm

My name is Ram Singh and I want to report an incident which took place on 10th may 2018 at
C-202 (R.M.Steel Company) Galaxy Business Park, Noida (sector 62) at about 1.40 pm I was
in my office with my business partner MR. Manoj Singh and it was a Monday afternoon we
received an email from our business competitor MR. Vicky Kaushal it was an email which
contained an pdf document which stated the subject line having annual general meeting of all
the steel brand company owners. When we opened the email, my laptop crashed and got
hanged and my laptop was protected by CasperSky and it showed a report that a virus has hit
my laptop it was a planted virus which had hit my laptop. My laptop contained all the
important details regarding my business works in it and due to this virus all my details got
deleted which was of very much use and importance to me and I and my business partner
Manoj Singh were left blank as due to this we will have to suffer huge loses and our company
would come to stake.

As when i didn’t know what to do, at around 7.00pm my business partner Manoj Singh
immediately gave me an idea to go to the nearest police station and file a complaint.I and Mr.
Manoj Singh gave the entire information to the police that how MR Vicky Kaushal our
business competitor sent us an email having a planted virus in it and how all the details got
erased after opening the email and huge losses which our company has to suffer now.

Sd/-
Ram Singh
(Complainant)

Sd/-
Raj
Malhotra
(Inspector)

Inspector Raj Malhotra is appointed as Investigating Officer in the given

Sd/-Umesh Yadav (S.H.O.)

PS: Gautam Buddha

Nagar
 Register No- II | (General Diary)

Gautam Buddha Nagar Police Station

Sector-58, Noida, 201301
(S.44, The Police Act, 1861)

Sr.No. Date & Substance of report Details & Remarks Signature

Time Signature (Duty Officer)
of
Informant
115 May 10th At the time when Ram Singh along with Mr. Ram Oral
2018 his business partner Mr. Manoj Singh Singh, S/o : complain
came to the police station and Mr. Tushar t was
7.30PM reduced
complained that at 1.40 pm they received Singh
into
a mail in their laptop which stated about
Age: 33 writing.
the annual meeting of all the steel brand
years SHO
company owners and as soon as they Umesh
opened the mail there was a Planted virus Having his Yadav
in their mail and it hit their laptop and office(R.M. appointed
resulted in huge losses for them and their Steel Inspector
company Company)C Raj
-202 Galaxy Malhotra Sd/- Inspector
They also had an Antivirus in their laptop as the
Business Raj Malhotra
of CasperSky which also showed them a investigat
Park Sector
report which stated about the virus which ing
62 Noida-
had come through the email which they officer
201301
had received. They have also got their
laptop with them to show the damages
which they have suffered
The details of the laptop are:
Colour: Black
Brand: Dell
Model No: D133478
Bill No:121246
Accordingly, NCR under section 43(c) of
the Information and Technology
Act,2000 has been registered herein
bearing NCR NO: 167/2018 and serial
no:7 in Book no:40
 Sd/-

Signature of Duty Officer

Inspector Raj Malhotra, (C N. 21218)

 NON COGNIZABLE REPORT
(Under Section 155 of the Code of Criminal Procedure, 1973 )

NCR No. 167/2018 Page No.

S. No: 07

Thana: Sector 58(Gautam Buddha Nagar)

District: Noida

Date and Time of report: 10th May 2018, 21.30 hrs

Reason: Offence under Section 43(c) of Information and Technology Act

Name and Resident of Complainant: Ram Singh S/o: Tushar Singh, B-210 Bhagirathi
Apartments, sector 62(A block), Noida-201301.

Description of offence with section: Mr. Vicky Kaushal is being suspected with the offence
of introducing virus into Mr. Ram Singh’s laptop through an email on 10th may 2018 at 1.40pm
which had a planted virus in it which resulted in the crash of the laptop of Mr. Ram Singh’s
laptop due to which all his details regarding his business were deleted and due to this he had to
suffer a lot of loss and not only him along with him his business partner his company R.M Steel
Company had to suffer a huge loss and hence this would be held liable under section 43(c) of
the Information and Technology act 2000.Mr.ram Singh along with his business partner Mr.
Manoj Singh came to the police station at 7.30 pm on 10th July 2018 to report about the same.
Here this is a non-cognizable offence and would be liable to pay the fine for the damages which
the other person has suffered. However, the above section that is section 43(c) of the IT act
says that introduces or causes to introduced any computer contaminant or computer virus into
any computer system or computer network. And the person doing this act of introducing the
virus would be held liable to pay the fine of all the damages which the other person has suffered
due to the virus introduced into his computer.

Time and date of occurrence of offence: 10th July 2018, At 1.40 pm

Name and full Address of witness:

1) Mr. Manoj Singh, Business partner of Mr. Ram Singh at R.M steel company, Resident of C-
408 Telecom society B block, Sector 62, Noida-201301.

_______________________

Raj Malhotra
Investigating Officer
 IN THE COURT OF SHREE PULKIT SHREE
(Judicial Magistrate Class I)

Date: 19th July 2018

Case FIR/NCR: 167/2018
U/S- 155 of CrPC
Application No. 226030/2018

Subject: Application for investigation of non-cognizable offence u/s 155(2) of Cr.P.C

Respected Sir,

I bring to your kind notice that there is a case related to section 43(c) of Information and
Technology Act,2000. This is kind of non-cognizable offence. Brief facts are that, Mr. Vicky
Kaushal had sent an email on 10th may 2018 to Mr. Ram Singh in his laptop at 1.40 pm when
he was in his office along with Mr. Manoj Singh his business partner in R.M. STEEL
COMPANY and as soon they opened the email there was a pdf and when they opened it a
planted virus hit their laptop and their laptop crashed all the important details relating to the
work was there in their laptop and it got deleted and resulted in a huge loss to them. They
came to complaint about the same to the police station on 10th may 2018 at 7.30 pm

As it is non cognizable offence, so I request you to appoint Mr. Raj Malhotra as investigating
officer and kindly allow him to investigate.

Thanking You. From

Police Officer in charge

Umesh Yadav

(SHO)

Mr. Raj Malhotra is appointed as investigating officer of this case and is authorized to
investigate this case

Metropolitan Magistrate

Pulkit Saraf
NOTICE TO THE WITNESSES FOR APPEARANCE BEFORE THE
POLICE TO GIVE THEIR STATEMENTS

(U/s 160 of the Code of Criminal Procedure, 1973)

DISCTRICT: Noida POLICE STATION: Sector 58(Gautam Buddha

Nagar)
NCR NO: 555/19 DATE:11.05.2018

To,
NAME: Mr. Manoj Singh
S/O: Mr. Rohan Singh
AGE: 33 Years
OCCUPATION: Businessman
ADDRESS: C-408, Telecom Society, B block, Sector-62, Noida-201301.

NOTICE: The Officer-in-Charge of Police Station at Gautam Buddha Nagar

Sector 58, NOIDA, hereby gives notice that an NCR has been registered before
Mr. Vicky Kaushal for sending a mail which had planted virus in it to Mr. Ram
Singh on his laptop due to which all the important matters related to the company
got deleted and company will have to suffer huge losses . Hence it appears to me
that you are likely to give material evidence or to produce any document or other
thing that could assist us in the investigation.
You are hereby notified to appear before this Police Station on 13th may 2018 to
produce such evidence or to inform what you know concerning such matter.

Sd/-
Signature of Officer-in-Charge
Police Station: Sector 58 Gautam Buddha Nagar
Name: Raj Malhotra
Rank: Inspector
STATEMENT OF WITNESS UNDER SECTION 161 OF Cr.P.C.
DISCTRICT: Noida POLICE STATION: Sector 58(Gautam Buddha
Nagar)

NCR NO: 167/2018 DATE:13.05.2018

To,

NAME: Manoj Singh

S/o: Rohan Singh

AGE: 33 years

OCCUPATION: Businessman

ADRESS: C-408, Telecom Society, B block, Sector-62, Noida-201301.

STATEMENT AS RECORDED:

I am Manoj Singh Business partner of Mr. Ram Singh at R.M. Steel Company, at 10th may
2018 at 1.40 pm I was sitting with Ram Singh in our office room and we received an email on
our business laptop having subject name as annual general meeting of all the steel brand
companies by our business competitor Mr. Vicky Kaushal. As and when we opened the email
there was a pdf document in that and when we opened that document we saw that our laptop
got crashed and our laptop was supported by CasperSky antivirus it popped up stating that a
planted virus has hit our laptop and all the details and information which the laptop had were
deleted because of that virus. We where left blank and shocked that what should we do now
as all the important decisions regarding our business were in that laptop and all the
professional details got deleted and hence due to this, we will have to suffer a huge loss.

When we didn’t know what to do, I suggested to Ram Singh that lets go to the police station
with the report which we had of the CasperSky and complaint about the same to the police as
we could not afford to bear such a huge loss. Hence at 7.30 pm we came to the police station
along with our laptop and the antivirus report to file a complaint against Mr. Vicky Kaushal
for the loss which we faced.

S/d-

Raj Malhotra

(Investigating
Officer)

Rank: Inspector
LIST OF EVIDENCES

1. CasperSky anti-virus report

2. FSL (Forensic State Laboratory) report

3. I.P Address of laptop from which the email having planted virus was sent (Mr. Vicky
Kaushal’s laptop)

4. Seizure of Mr. Vicky Kaushal laptop and his iPad (Seizure report)

LIST OF WITNESS

1. Mr. Manoj Singh Business partner of Mr. Ram Singh at (R.M. Steel Company), S/o:
Rohan Singh, R/o: C-408, Telecom Society, B block, Sector-62, Noida-201301.