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SHO refused to take action on my FIR of cyber fraud

Shivendra Pratap Singh

Advocate

27/05/2020

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SHO straightway refused to take action on my FIR of Cyber fraud verbally & officially he says investigation under progress. Now six months have passed. What are the options left with me to compel police for rapid action?

Question from: Uttar Pradesh

The officer in charge of the police station can not refuse to lodge your FIR. If information discloses cognizable offence, the police officer is bound to register the FIR. When the SHO has refused to record your FIR, you should proceed under section 154(3) of the code of criminal procedure. This section empowers the district Superintendent of Police to investigate the case upon receiving the information. He can also depute any subordinate officer to initiate the investigation.

According to Section 154(3) of the code of criminal procedure, you should send the substance of information by post to the superintendent of police. If again you get no response from the superintendent of police thereafter you have another remedy to improve the code under section 156(3) of crpc. You should contact a lawyer and file an application before the judicial magistrate under section 156(3). The judicial magistrate can order the station house officer to conduct an investigation.

He can also monitor the investigation by demanding from the SHO to produce a status report. In Sakiri Basu versus State of UP, 2007, the Supreme Court held that Judicial Magistrate has the power to monitor the investigation under section 156(3). The code of criminal procedure provides an alternate process to lodge the FIR.

Delay in FIR

Six months have lapsed and your FIR has not been recorded. In this situation, you should approach the court under section 156(3). The police officer has told you that investigation is in progress. It is not clear that which kind of Investigation is under process. Therefore you should approach the court to call the status of Investigation. The court may direct the investigating officer to produce the case diary in the court.

Upon receiving the case diary, the court will examine the nature of Investigation. If it is related to your case then the court will order the investigating officer to take your information under 162 of the code of criminal procedure. Thereafter, your information will come on that record. If it discloses any cognizable offence the investigating officer is bound to collect evidence in the same investigation.

If the investigation is not pertaining to your case then the court will order the SHO to register the FIR and conduct an investigation. The above-said provisions are related to the recording of FIR at the order of Investigation. There is a six-month delay in your case so you should proceed under section 156(3) CRPC.

FIR in cybercrime

If the FIR is related to the cybercrime you should first approach the cyber police station for the recording of the FIR. The cyber police station has a special power to investigate cybercrime cases. He can collect any electronic evidence pertaining to the commission of the offence. You can read here the procedure for filing of FIR in cybercrime.

shivendra pratap singh advocate

Shivendra Pratap Singh

Advocate

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

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