Fraud by fund coordinator
I participated in 1lac committee, where we were 10 people contributing 10000 rs. every month for 10 months. But the guy who used to monitor everything ran away and we are not able to find him. Even police is not registering the FIR. Please suggest how to take it forward?
In this matter you can file a written complaint addressing to Sr. Inspector of Police of concerned police station.
Thereafter you file the 156(3) of Cr.P.C complaint before the concerned Magistrate for direction to file FIR.
More consultation contact me I will give you proper detail and procedure.
Thank you for writing to us. Here's our response.
FIR (First Information Report) can be filed by the Police when the crimes are cognizable offences which is provided under section 154 of the Criminal Procedure Code, 1954. The threshold for the filing of an FIR is that the offence must be a COGNIZABLE OFFENCE. The police do not have the authority to arrest without warrant and cannot start an investigation on their own.
We need to figure out whether the offence committed by the person who used to monitor money in 1-lac committee is cognizable offence or not.
In your situation, it could be a case of cheating/theft/Criminal breach of trust. Cheating being a non-cognizable offence, the police officers cannot file an FIR but by the definition of theft under section 378 of the Indian Penal Code if the money were in the your possession then the person taking it out of your possession has committed the offence of theft. By your said statement it can be said that the person had committed 'Criminal Breach of Trust' under section 405 of the Indian Penal Code, 1860 and Criminal breach of trust is a cognizable offence as he was Police Officers are obligated to register the FIR.
If the offence committed is a cognizable offence then the police is mandated to proceed with filing of FIR provided under section 154 (3) of Criminal Procedure Code, 1954. Recently, the Police Officers are penalized for not filing an FIR on even grounds of jurisdiction. They are obligated to file an FIR. But if the police is not filing the FIR then you can write a complaint to the Police Superintendent or to the Police Commissioner via Post. If the Superintendent or Police Commissioner believes it to be a cognizable offence, he/she can ask the subordinate or he/she himself/herself may start an investigation.
If this does not work out then you can also write a complaint to the Magistrate asking him to direct the Police Officers to file an FIR and start the investigation.
Or you can proceed to file a writ petition in High Court for issuance of Writ of Mandamus against the police officers for not filing an FIR and to direct the police officer to file an FIR for a cognizable offence. For any deflection from the duties would either get the police officer suspended or any disciplinary action can be taken against him or her if he/she does not give a justified reason for not filing such a FIR.
I hope this helps you.
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