Home | Legal Advice | Criminal Law | Police officer refuses to register FIR of my lost mobile phone

Police officer refuses to register FIR of my lost mobile phone

Shivendra Pratap Singh



Reading Time:

My father went on a morning walk, and he didn’t know where he dropped his mobile. After an hour when he found that his phone is misplaced, he called on his number, but after one ring someone denied the call and put it in switch off mode. From then the phone is in switch off mode. Can I put a fir and will it be counted as theft?  I also have insurance for my phone, and the insurance company told me that they would give a sum of money if I place a copy of an FIR. Should I lodge the FIR?

According to the fact of your case, it is an offence of theft. The theft is punishable under section 379 of the Indian Penal Code, and it is a cognizable offence. As per section 154 of the code of criminal procedure, you have the right to register the FIR of this offence. According to Section 154 CrPC, when the police officer receives information about the commission of a cognizable offence, he has to register that information as an FIR.

The police officer has no discretionary power to decide whether or not to register the FIR. The supreme court held in Lalita Kumari versus Government of Uttar Pradesh (2014) 2 SCC 1; that police officer is bound to register the FIR if it infers from the information that a cognizable offence has been committed.

Section 154(3) CrPC enumerates that if a police officer refuses to register the FIR, the person can send that information by registered post to the superintendent of police. If the superintendent of police satisfies that a cognizable offence has been committed, then he shall either investigate the case himself or direct another subordinate officer to investigate the incident. When the superintendent of police does not take any action on the information, then you can approach the judicial magistrate under section 156(3) of CrPC to order for investigation.

Online FIR or eFIR

The above procedure is laid down by the code of criminal procedure for registration of FIR and commencement of Investigation towards the cognizable offence. If you are the resident of Uttar Pradesh, then you have an option to file an online FIR. You can visit this website https://cctnsup.gov.in/eFIR/login.aspx  for the registration of eFIR. This facility is available for lost goods case or an offence committed by an unknown person. You can also download Android app UPCOP and register your FIR online.

shivendra pratap singh advocate

Shivendra Pratap Singh


Practising lawyer in the High Court Lucknow. You can consult on Criminal, Civil, Matrimonial, Writ, Service matters, Property, Revenue and RERA related issues.

More For you

Case filed based on False Sale Agreement 

Question: I am 74 yrs old so don't want the case to drag on for obvious reasons. Hence this query. Never had a brush with court in these 74 years but NOW I have been made respondent in a case against me based on a clearly Forged document.  Bought 1 acr land in...

How to lodge FIR in loss of mobile phone?

Question: I am from Kolkata. my Phone has some last memories of my grandma. I lost my mobile on 16.05.2022 and my mobile rang for about 6 hours and then switched off. How to lodge FIR in loss of mobile phone? Obviously it's switched off by someone. I went to the local...

Can I file FIR against husband in delhi for bigamy?

Question: Our marriage solemnised in the UAE. My husband is working in the UAE. After I got married in UAE on 5th Feb 2022 I came to know that I have been cheated. My husband was married 2 times before Married to me. He has not dissolved his previous marriage. Can I...

Physical assault from my boyfriend

Question: Physical assault from my boyfriend. I went to the police station for an FIR but they refused to lodge. They said to approach the court and file the complaint. As I was afraid he could do the same to me, I left him and went to my place as we are living in a...

Withdraw criminal case in the absence of accused

Question: Is it possible to withdraw a criminal case in the absence of an accused? Hi Sir, My sister in law filed two cases against my brother which were 1. Warrant of Summons Criminal Case, IPC none 2. Criminal Misc. Cases, IPC. For one of them I've received court...

Search and arrest by police in a different state

Question: The police of Uttarakhand come to Uttar Pradesh, search and arrest a person under NDPS Act. Police of Uttarakhand become the complainant of the case. Can they really do so? Search and arrest by police in a different state is possible or not. Asked from:...

Can we prove our absence through the CRD?

Question: We are facing the false family matters cases at Jhansi courts. Can we prove our absence through the CRD? Can I get it from the court? Date of incidence on record is 23.06.2019 at Jhansi. But we weren't in Jhansi at that time. In Fact we were at our...

Can the court quash the FIR lodged under Section 468 IPC?

Question: Allegation made under 468 IPC. Now the parties have settled the matter. But the trial is proceeding. So can we quash the case? Can the court quash the FIR lodged under Section 468 IPC? Asked from: Uttar Pradesh Section 468 of Indian Penal Code is a non...

A guilty person can lodge an FIR

Question: I want to know if a guilty person can lodge an FIR? If I beat someone due to harassment or any other criminal activity and an FIR is lodged against me, can I still lodge an FIR against the person I have beaten for his activity? Asked from: West Bengal Guilty...

Can I lodge an FIR after ten years of incident?

Question: My boyfriend had raped me in my PG when I was studying in engineering college. Now I have joined a multinational company and am working in Bangalore. He has traced me and is now trying to establish a relationship. I am married and a mother of two childs. Can...

Kanoonirai has been advising in legal issues since October 2014. You can consult a lawyer through online media, telephonic consultation and video conferencing.