My cyber fraud complaint in Darjeeling is pending, can the state cyber cell be directed by the high court?

Detailed Legal Analysis

Yes, you can approach the Calcutta High Court for a direction to the state cyber cell to investigate your Darjeeling cyber fraud complaint if the police have not acted on the FIR or the complaint within a reasonable time. The Calcutta High Court has held that delay in investigation of cyber offences defeats the very purpose of registration and that the state must ensure dedicated investigators and forensic support.

Your petition should annex the complaint acknowledgment, the FIR if registered, and the correspondence with the police and the bank, and seek a direction for time-bound investigation under the relevant penal provisions read with West Bengal Premises Tenancy Act 1997 where applicable. The court may direct the cyber cell to file a status report and to coordinate with the bank and the intermediaries for preservation of evidence.

Preserve all bank statements, the transaction reference numbers, and the screenshots of the fraudulent communication, as digital evidence is the backbone of a cyber fraud prosecution.