The police in Moradabad refused to register my cyber fraud complaint. What is the proper procedure to escalate?

Detailed Legal Analysis

If the police in Moradabad have refused to register your complaint regarding cyber fraud, you can escalate the issue by following the proper legal procedures outlined under Indian law.

Here are the steps you should take to escalate your complaint:

• Request a Written Refusal: Ask the police for a written acknowledgment of your complaint and their refusal to register it. This document will be crucial for further escalation.
• File a Complaint with the Superintendent of Police (SP): You can approach the SP of Moradabad with your complaint and the written refusal from the local police station. The SP is obligated to investigate and take appropriate action.
• Utilize the Online Complaint Mechanism: You can file a complaint through the National Cyber Crime Reporting Portal (https://cybercrime.gov.in/) established under the Ministry of Home Affairs. Here, you can register your complaint and upload relevant documents.
• Contact the Cyber Cell: Reach out to the local Cyber Crime Cell in Moradabad or the nearest Cyber Crime Cell in Uttar Pradesh. They specialize in handling cyber fraud cases and can provide assistance.
• Approach Higher Authorities: If there is still no action, you can escalate the matter to the District Collector or the Divisional Commissioner, explaining your situation and the refusal by the police.
• File a Complaint with the State Human Rights Commission: If you believe that the refusal to register your complaint is a violation of your rights, you can approach the State Human Rights Commission.
• Consider Legal Action: As a last resort, you may file a writ petition in the High Court under Article 226 of the Constitution of India for non-registration of the FIR, as it is your right to have your complaint registered under Section 154 of the Code of Criminal Procedure, 1973.

Relevant laws include:

• Section 154 of the Code of Criminal Procedure, 1973: Mandates police to register any information related to cognizable offenses.
• Information Technology Act, 2000: Governs cyber crimes and provides a legal framework for addressing cyber fraud.

By following these steps, you can effectively escalate your cyber fraud complaint and seek justice.