cyber fraud
2 weeks ago
I have been victim of cyber fraud giving me online google review job. Initially they paid me 50 rd each for google reviews task and then gave me a prepaid task for 1000rs after which they gave me 1300 back with google review payment. another day after google reviews task again prepaid task was given of 3000rs and they again return back with 4500 rs with reviews payment. on 2nd march they gave me prepaid task and on that day I lost my 306000rs and online complaint on 1930 was made after I came to know of online fraud. after online complaint amount of rs140000 was freeze in the account of the fraudster. 5th march physical complaint has been made in the police station and on 27th march statement has been taken. But Still FIR has not been registered and even after numerous followups FIR is still pending. I don't know what to do to do to lodge FIR and when I will get my amount back? please guide me on this.
You can file a complaint under Section 156(3) of the CrPC before a Judicial Magistrate, who can then direct the police to investigate alleged cybercrimes. If the police refuse to file an FIR, this can prompt an investigation. Section 457 of the CrPC allows the Magistrate to release frozen funds under certain conditions. In such cases, the victim may need to provide a bond pledging to repay the bank if their claim is false or if other claims arise. Once the bond is submitted, the Magistrate can order the release of the frozen funds. A petition under Section 457 CrPC can be filed in the appropriate court for this purpose. Following the court's order, the Investigating Officer from the Cyber Cell coordinates with the banks to refund the money to the victims' accounts.
In the given scenario, a complaint under Section 156(3) of Cr. PC can be filed before the Judicial Magistrate who may then order the police to conduct an investigation. This time, the police cannot disregard or refuse to file an FIR, which will trigger an investigation of the alleged cybercrime. Section 457 of the CrPC empowers a Magistrate to use their discretion to order the conditional release of the amount frozen under cyber scam. In this situation, the police seek a bond from the victim who needs to declare that he/she will pay 1. 5 times the refunded amount to the bank in case his/her claim is false or if other claims are made on the amount. Once this is done, the Magistrate executes an order to release the frozen amount to the applicant victim. So, you can file a petition under Section 457 CrPC in the jurisdictional court praying for an order for the release of frozen money and following the court's order, and on receipt of the bond, the Investigating Officer of the Cyber Cell will follow up the matter with the banks and the amount is refunded to the accounts of the victims. If required, you may take the service of an Advocate for guidance and steps.
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