IN THE COURT OF CHIEF METROPOLITAN MAGISTRATE,

TIS HAZARI COURTS, DELHI

Criminal Complaint No.
of 2014
IN THE MATTER OF:
Mr. S.R. Joshi

Complainant-in-Person
Versus

M/s snapdeal.com & Anr.

...Accused

COMPLAINT UNDER SECTIONS 156(3), READ WITH SECTIONS 190

AND

200 OF CODE OF CRIMINAL PROCEDURE, 1973 FOR

COMMISSION

OF

VARIOUS

OFFENCES

PUNISHABLE

UNDER

SECTIONS 107, 108, 109, 116, 292, 292A, 293, 294, 377 OF INDIAN
PENAL CODE READ WITH SECTION 120-B OF IPC, AND SECTON 67
OF INFORMATION TECHNOLOGY ACT, 2000.
MOST RESPECTFULLY SOWETH:
1. That the complainant is a law abiding citizen of India, and practicing
lawyer (Advocate-on-Record, Supreme Court of India).

2. That while Accused No. 1- Snapdeal.com is an online versatile

marketplace company, headquartered in New Delhi, India; and,
Accused No. 2- Ohmysecrets.com is the Indias Largest Adult
Wellness Webstore and sells International acclaimed products in
India having India Office in Chennai, Tamil Nadu.

3. That the instant complaint is premised on the newspaper report

appearing in The Times of India, New Delhi edition dated
17.07.2014 at page 21, titled For Flipkart, sexual wellness is a
big business. While the said report discussed about the concern for
general sexual wellbeing of the citizens of the country, what intrigued
the present complainant was the statement of one Mr. Vinodh Reddy,
founder of adult shopping website ohmysecrets.com (Accused No. 2
herein), stating, You can import and sell them provided you make
sure that the packaging and marketing material related to them is not
vulgar or obscene. For instance, a dildo is termed obscene because it
resembles a human organ, while the ones that don't, can be sold
here without any issues. It's all about how you classify them. Unless
we help people become aware of the category, these ambiguities will
remain. A true copy of the Screen Shot of the said newspaper report
appearing in The Times of India, New Delhi edition dated 17.07.2014
is annexed herewith and marked as Annexure C-1 at pages ........
That it was the intelligent but mischievous usage of the words
classify, aware and category in the said news report that startled
the present complainant about the possible illegal and dubious use of
e-tailing as a business mode to abet the acts unambiguously
prohibited under Section 377 of IPC and violation of Sections 292,
292A, 293, 294 of IPC as also of Section 67 of IT Act, 2000.
That, it is pertinent to mention here that the constitutionality of
Section 377 of IPC was recently upheld by the Honble Apex Court in
Suresh Kumar Kaushal vs. Naz Foundation- (2014) 1 SCC 1 in the
following words, In view of the above discussion, we hold that

Section 377 IPC does not suffer from the vice of unconstitutionality
and the declaration made by the Division Bench of the High court is
legally unsustainable. @ para 80, page 81.
4. That a further (limited) inquiry through the internet/Google sources
revealed the following:
a. That

M/s

snapdeal.com

ohmysecrets.com

(Accused

(Accused

No.

2)

No.

1)

are

and

indulging

M/s
in

abetment/violation of acts prohibited under Section 377 of IPC

and violation of Sections 292, 292A, 293, 294 of IPC as also of
Section 67 of IT Act, 2000.
b. That in the respective websites under the relevant segments of
Sexual Wellness Products of Accused Nos. 1 and 2 the
complainant was able to find the following products lasciviously
offered:
A. Accused No. 1 (M/s snapdeal.com) offers:
i.

Anal Lube;

ii.

Anal Eaze- Description- this product will turn your

sexual encounters into delightful anal pleasures...get
ready for any easy pleasurable sexual anal encounter

iii.

The

White

Wabbit

(resembling

male

phallus)-

Description- for massage or self pleasure.

B. Accused No. 2 (M/s ohmysecets.com) offers:
iv.

Anal Lube- Description- Get the most out of your anal

experience.... It is specially formulated to maintain
lubricity during anal sex ;

v.

Intimate Organics Adventure Anal Spray for MenDescription- The anal sphincter becomes relaxed and
penetration becomes comfortable... ;

vi.

Intimate Organics Adventure Anal Spray for Women;

vii.

Men Starter Kit- Also comprising- Intimate Organics

Anal Spray Men;

viii. Le Reve ribbed massager (resembling male phallus);

ix.

Ron Jeremys Advantage Thickening Cream (with the

catch phrase Make It Pornstar Big! (It is pertinent to
mention here that internet website Wikipedia reveals
Ron Jeremy is an adult film/pornography performer.)

True copies of the Screen Shots from the relevant web pages of the
respective websites of Accused Nos. 1 and 2 depicting the above
content along with web links are collectively annexed herewith and
marked as Annexure C-2 (Colly.) at pages ..................
5. That a plain reading of the above facts together with annexures
herewith

would

unambiguously

suggest

that

the

said

depictions/contents/offers in the respective websites of both the

accused is strongly suggestive of lascivious desires appealing to
prurient interests or its effects, etc on Indian citizenry in general and
invites invocation of Sections 292, 292A, 293, 294 (of offences
affecting the public health, safety, convenience, decency and
morals) of IPC as also of Section 67 of IT Act, 2000, being in the
teeth thereof.

6. That it is further stated that both the accused also stand in violation of
Section 377 (of unnatural offences) of IPC together read with
Sections 107, 108, 109 and 116 (of abetment) of IPC.
7. That Explanation 2 of Section 108 (Abettor) of IPC unambiguously
lays down, To constitute the offence of abetment it is not necessary
that the act abetted should be committed, or the effect requisite to
constitute the offence should be caused.
8. That Section 116 of IPC further states in no uncertain terms,
Abetment of offence punishable with imprisonmentif offence
be not committed.Whoever abets an offence punishable with
imprisonment shall, if that offence be not committed in consequence
of the abetment, and no express provision is made by this Code for
the punishment of such abetment, be punished with imprisonment of
any description provided for that offence for a term which may extend
to one-fourth part of the longest term provided for that offence; or with
such fine as is provided for that offence, or with both....
9. That Section 377 of IPC clearly stipulates, Unnatural offences.Whoever voluntarily has carnal intercourse against the order of
nature with any man, woman or animal, shall be punished with
imprisonment for life, or with imprisonment of either description for a
term which may extend to ten years, and shall also be liable to fine.
Explanation.Penetration is sufficient to constitute the carnal
intercourse necessary to the offence described in this section.

10.

That it is pertinent to mention here that the instant complaint

assumes particular national importance considering the sexual

wellness is a Rs. 1000 Crore category and growing in double digits
and the domestic market for adult sexual products is expected to
touch Rs. 8700 Crore by 2020, and that there is a 40% month-onmonth growth in this segment, if newspaper report and industry
experts are to be believed (Refer Annexure C-1). That the biggest
market of the these products, as some of the internet media reveal, is
Delhi, followed by Mumbai, Bangalore, Pune, Hyderabad, Calcutta
and Chandigarh.
11.

That there are a plethora of e-tailers operating in the dubious

business of Sexual Wellness nay Adult Products of lascivious and

enticing nature, thereby, inspiring prurient interests in the minds of
Indian citizens in general, and it was practically impossible to pinpoint all the market-players and their activities for the present
complainant who is not otherwise a busybody.
12.

That it is also pertinent to mention here that the present

complaint also raises issues about the Customs and Excise Laws of
the country with respect to:
i.

Whether the concerned authorities are misled with

respect to import and further distribution of these
products in the territory of country?

ii.

Whether there is collusion between the perpetrators

and the concerned authorities? (Considering that the
law is being widely and openly flouted yet state

agencies have failed to take any action against the

perpetrators.)
13.

That the complainant has not filed any other or similar

complaint before any Court of law.

14.

That the complainant shares a chamber in the premises of Tis

Hazari Courts Complex, and that entire search/research in respect of

both the accused was conducted in the said chamber. Therefore,
combined reading of Sections 177, 178 and 182 (Chapter XIIIJurisdiction of the Criminal Courts in Inquiries and Trials) of
CrPC, 1973 would reveal that the offences are said to have been
committed by both the accused by way of telecommunication within
the territorial limits of this Honble Court and therefore this Honble
Court has jurisdiction to entertain the present complaint.
15.

Hence the present complaint.

PRAYER
In view of the above facts and circumstances, it is most respectfully prayed
that this Honble Court may graciously be pleased to:

i.

DIRECT THE CONCERNED POLICE STATION TO

INITIATE PROCEEDING AGAINST THE ABOVE SAID
ACCUSED AND REGISTER FIR UNDER VARIOUS
PROVISIONS OF I.P.C AGAINST THE ACCUSED.

ii.

SUMMON THE ACCUSED NOS.1 AND 2, COMMIT

THEM TO TRIAL, AND PUNISH THEM FOR THE
OFFENCES COMMITTED UNDER SECTIONS 292,
292A, 293, 294, AND 377 READ WITH 107, 108, 109,
116 OF INDIAN PENAL CODE READ WITH SECTION
120-B OF IPC, AND SECTON 67 OF INFORMATION
TECHNOLOGY ACT, 2000.

iii.

PASS ANY OTHER OR FURTHER ORDER(S) AS

THIS HONBLE COURT MAY DEEM FIT, JUST AND
PROPER IN THE INTEREST OF JUSTICE IN THE
PRESENT CIRCUMSTANCES.

Complainant- in- Person

Delhi
Date:

Mr. S.R. Joshi

Chamber No. 470A,
Western Wing,
Tis Hazari Courts,
Delhi.

IN THE COURT OF CHIEF METROPOLITAN MAGISTRATE, DISTRICT,

TIS HAZARI COURTS, DELHI
C.C. No.
of 2014
MEMO OF PARTIES
IN THE MATTER OF:
Mr. S.R. Joshi
Chamber No. 470A,
Western Wing,Tis Hazari Courts, Delhi.

Complainant-in-Person

Versus
1.

2.

M/s snapdeal.com (Through Mr. Kunal Bahl,

CEO and Founder)
246, 1st Floor, Okhla Industrial Area Phase III,
Delhi 110020.

...Accused No. 1

M/s ohmysecrets.com (Through Mr. Vinodh Reddy,

Co-founder)
LLW International Private Limited
Acropolis,
6th Floor, Amara MLS,
148 Radhakrishna Salai,
Mylapore,
Chennai - 600004
Tamilnadu
...Accused No. 2

Complainant- in- Person

Delhi
Date:

Mr. S.R. Joshi

Chamber No. 470A,
Western Wing,
Tis Hazari Courts,
Delhi.

IN THE COURT OF CHIEF METROPOLITAN MAGISTRATE,

TIS HAZARI COURTS, DELHI
Criminal Complaint No.
of 2014
IN THE MATTER OF:
Mr. S.R. Joshi

Complainant-in-Person
Versus

M/s snapdeal.com & Anr.

...Accused

AFFADAVIT

AFFIDAVIT OF MR. S.R.JOSHI S/o Dr. M.P.JOSHI chamber no. 470A,

WESTERN WING, TISHAZARI, DELHI
I the above named deponent do hereby solemnly affirm and state as under:
1.
That I am complainant in the present complaint U/s 156(3) Cr.P.C
read with 190/200 Cr.P.C and is fully conversant with the facts and
circumstances of the case and is fully competent to swear the present
affidavit.
2.
That the contents of accompanying complaint are true and correct to
the best of the knowledge of the deponent and is competent to swear this
affidavit.
DEPONENT
VERIFICATION:
Verified at New Delhi on this ___ day of ________ 2014 that the contents
of my above affidavit are true and correct to the best of my knowledge and
belief. No part of it is false and nothing has been concealed therefrom.

DEPONENT

IN THE COURT OF CHIEF METROPOLITAN MAGISTRATE,

TIS HAZARI COURTS, DELHI
Criminal Complaint No.
of 2014
IN THE MATTER OF:
Mr. S.R. Joshi

Complainant-in-Person
Versus

M/s snapdeal.com & Anr.

...Accused

INDEX
S.NO PARTICULARS
1.
2.

4.

COURT
FEE

PAGE
NO

MEMO OF PARTIES
COMPLAINT UNDER SECTIONS 156(3), READ WITH
SECTIONS 190 AND 200 OF CODE OF CRIMINAL
PROCEDURE, 1973 FOR COMMISSION OF
VARIOUS
OFFENCES
PUNISHABLE
UNDER
SECTIONS 107, 108, 109, 116, 292, 292A, 293, 294,
377 OF INDIAN PENAL CODE READ WITH SECTION
120-B OF IPC, AND SECTON 67 OF INFORMATION
TECHNOLOGY ACT, 2000.

3.
ANNEXURE C-1
Copy of the Screen Shot of the newspaper report
appearing in The Times of India, New Delhi edition
dated 17.07.2014.
ANNEXURE C-2(COLLY)
Copies of the Screen Shots from the relevant web
pages of the respective websites of Accused Nos. 1
and 2 depicting the above content along with web links
collectively.

Complainant- in- Person

Delhi
Date:
Mr. S.R. Joshi
Chamber No. 470A,
Western Wing,
Tis Hazari Courts,
Delhi.