Police officer refuses to register FIR of my lost mobile phone

Shivendra Pratap Singh


High Court Lucknow

Criminal Law

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Advised on 28 Jul, 2019

Question: 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?

Asked from: Uttar Pradesh

Based on the facts of your case, it appears that an offence of theft has been committed. Theft is a cognisable offence and it is punishable under section 379 of the Indian Penal Code. As per the Code of Criminal Procedure (section 154), you have the right to register an FIR for this offence. The police officer is obligated to register the FIR and investigate the matter, as per the guidelines laid down by the Supreme Court in Lalita Kumari versus Government of Uttar Pradesh (2014) 2 SCC 1;.

If the police officer refuses to register the FIR, you can send the information by registered post to the Superintendent of Police. If the Superintendent of Police does not take any action, then you can approach the judicial magistrate under section 156(3) of the Code of Criminal Procedure to order an investigation.

In Uttar Pradesh, you also have the option of filing an online FIR, known as an eFIR, for a lost goods case or an offence committed by an unknown person. To register an eFIR, you can visit this website or download the Android app UPCOP.

It is important to note that timely registration of an FIR is crucial for the investigation of the case and bringing the perpetrator to justice. Therefore, if you have any information about a cognizable offence, you should not hesitate to register an FIR with the police or file an eFIR online.