The police in Kota refused to register my cyber fraud complaint. What is the proper procedure to escalate?
SA Asked by Saurabh Pandey from India
Quick Answer
After refusal, send the complaint by registered post to the Superintendent of Police under Section 175(1) BNSS, 2023, who must direct registration if a cognisable offence is disclosed.
Detailed Legal Analysis
After refusal, send the complaint by registered post to the Superintendent of Police under Section 175(1) BNSS, 2023, who must direct registration if a cognisable offence is disclosed. If still no FIR, file a complaint before the Magistrate under Section 175(3) BNSS, 2023 for direction.
You can also move Rajasthan High Court under Article 226 of the Constitution for a writ of mandamus directing FIR registration. Simultaneously file on the National Cyber Crime Reporting Portal, which routes the complaint to the relevant cyber crime police station in Kota.
Preserve the refusal acknowledgment and postal receipts as evidence under Section 63B BSA, 2023. The cyber crime cell in Kota can also be approached directly.
Refer to Rajasthan Rent Control Act 2001 for any state police complaint authority or grievance mechanism.
Disclaimer: AI-generated for educational purposes only. Does not constitute legal advice. Consult a qualified practitioner.