Thursday, January 22, 2015

What if Police Station Doesn't File Your FIR in Cyber Crime/fraud matters?

When A Police Station do not File your FIR in any Cyber Crime Matter what to do ? 
Step 1. Write down the complaint and submit it in the ACP/DCP /SP office and take acknowledgement copy or send the complaint via post.Wait for 10-15 days.
Step 2, If action is not taken yet then send the complaint to Commissioner /IG of Police in the same above manner. Procedure is mentioned under 154(3) of Cr.P.C.
Step 3. You can directly approach to the " CONCERNED" Magistrate of that Police Station with your Written "COMPLAINT".as per section 200 of the Cr.P.C.
The Procedure is very simple:
(i) First you prepare your "PRIVATE COMPLAINT" as per the format for the alleged offences, attach all the documents along with your complaint separately as "LIST OF DOCUMENTS/EXHIBITS", and mention names of the witnesses to the alleged offences in your complaint in  "LIST OF WITNESSES/EXHIBITS", then approaching to the "CONCERNED" Magistrate who is granted with Jurisdiction of that Police Station, file your complaint in the "PRESENCE" of "COMPLAINANT" with the help of an Advocate.
(ii) Then on your Complaint, if and only if  the Magistrate considers, would verify documents and either direct you to produce witnesses  (Complainant/Witnesses as per List) on the same day or any other day  to record the "EVIDENCE".
(iii) After recording of such Evidence, Magistrate may directly "ORDER"  for issuance of "SUMMONS" to the "ACCUSED".  
Step 3(a)
For The Complaints,  If filed Under Section 200  Read With Sec.156 (3) of the Cr.P.c.
(a) Then,  on your Complaint, if and only if  the Magistrate considers, may either direct you to produce witnesses  ( Complainant/Witnesses as per List) on the same day or any other day  to record the "EVIDENCE".
(b) After recording of such Evidence, Or otherwise Magistrate may " REFER/SEND YOUR COMPLAINT TO THE CONCERNED POLICE STATION" with the directions to
(i) Register a "FIR" U/S. 154 of Cr.P.C on this Complaint for the Alleged Offences against Accused 
(ii) Investigate the matter 
(iii) Submit Report.
Note: People or Organisations who had approached me for filing a FIR related to Cyber Crime/fraud, my success rate has remained 95%, but lawyer is not always required as he charges professional legal fees for all services from drafting, consultation to liasoning with police. 
Feedback: cyberlawconsulting@gmail.com | Twitter: @CyberMahaGuru

No comments:

Post a Comment

Navy man in Jail for 2 years for Child Pornography, cyber crime in India

Navy man gets 2 years Jail for Child Pornography, cyber crime in India : Cyber crime conviction By Prashant Mali In the case of D...