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3 months ago

My clients bank account was Freezes by Cyber crime branch in connection with a work from home cyber fraud,, police did not filed FR ....my clent is trader and he not connected with victm nor the accused ....
i filed an application US 457 of CRPC before the JMFC but the court is not listening to me and saying that there is no FIR hence ur application is not maintainable police loged complaint on online complaint portal of cybercrime.... now i dont understand how to convence to the Court

Anik

Responded 2 months ago

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A.Dear Client,

A police officer is authorized to investigate a cognizable offense even without immediately registering a First Information Report (FIR). In the preliminary inquiry of such an offense, the police officer holds the power to make arrests without a warrant. If access to cyber cells in India is unavailable, filing an FIR at the local police station is an option. If the complaint is not accepted at the local station, escalation to the Commissioner or the city's Judicial Magistrate is possible. Some cybercrime offenses fall under the Indian Penal Code (IPC), and seeking guidance from an Advocate with expertise in cyber laws is recommended for appropriate steps and advice.
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Vidhi Samaadhaan Vidhi Samaadhaan

Legal Counsel Vidhikarya

Responded 3 months ago

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A.Dear Client,
A police officer can investigate a cognizable offense without registering an FIR. Along with the power to investigate, the police officer also has the power to arrest without a warrant before registering an FIR as part of the preliminary inquiry in a cognizable offense. If you do not have access to any of the cyber cells in India, you can file a First Information Report (FIR) at the local police station. In case your complaint is not accepted there, you can approach the Commissioner or the city's Judicial Magistrate. Certain cybercrime offenses come under the IPC. Reach out to an Advocate experienced in cyber laws for guidance and steps.
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Vidhi Samaadhaan Vidhi Samaadhaan

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