Laptop theft FIR is not being lodges by Noida Police
Hi Friends,
I am new to RTI and I don’t have idea of RTI filing.Hence, seek your kind support in this regard.
I was travelling in a BUS at Noida and somebody stolen my laptop from the bag. bag was on its place and laptop was missing.
I went to Noida Sector 58 Police Station and asked the officials to lodge the complaint. Officers on duty used abusive language and denied to lodge the FIR.
They have asked me to write an application and told me that we will lodge FIR after 3 days if laptop not found aftyer their initial enquiry is completed. I immidiately wrote the application (even have it with me right now) and submitted it with the trust that my FIR will be lodged. Later on, I visited/contacted them for every 10-15 days for initial 3 months after the incident for getting the FIR copy. It has been almost 6 months now but still my FIR has not been lodged. Now they are denying to lodge it by saying that more than 2 months have passsed since the incident happend, hence FIR can’t be lodged.
Problem is, I had taken this laptop from Company and paying the EMI. Company is also not ready to accept the lost of laptop case because they need the FIR copy. I am not financially strong to buy new laptop. Moreover I still have to pay the monthly EMI for the laptop which is not there with me. My work is also seriouly affected due to this theft as I lost a lot of critial and official data, which I have been recollecting and gathering from various sources since the day of incident.
Please help me to get the FIR lodged so that at least a few of my worries get resolved.
Thanks in advance.
Attaching the scan copy of Application.
Hello Sir,
Your problem cannot be solved using RTI Anonymous or even normal RTI. RTI Anonymous or RTI is used only in cases where you need information regarding any governmental instrumentality. However, your case is not so.
The best and the only alternate to your problem is to file a complaint to the Superintendent of Poilce(S.P.) of Noida regarding the act of officials of police station of not lodging the FIR.
I am not a lawyer, but as far as I know, theft (of laptop) is a cognizable offense and the police is bound by law to file an FIR on any oral or written complaint. Unfortunately I cant read Hindi. But, if that document already shows the seal of the police that they are in receipt of your application, then you can file an RTI asking:
(1) What is the serial number and status of the FIR related to the attached application (also provide copies of the same)
(2) If no FIR has been filed in these xx days, give reason as to why it wasnt filed inspite of it being a cognizable offense? (you can cite relevant court case precedence, if you can find)
Simultaneously, you can also try the SP as advised above.
If both of these fail:
File a private complaint in the court and court will find if there is any prima facie they will direct to the concerned police station. If you are satisfied with the report, u can file protest petition in the same court then the court will do sumato case on the accused person.
And if that doc doesnt prove police’s acknowledgement of that application, then you have to get something like that from the police.
Heres something I found online:
Under the provisions of Criminal Procedure Code on the refusal of a Police Officer to register the complaint you can send the complaint by Registered Post to the Deputy Commissioner of Police of that City or Superintendent of Police of that District under whose jurisdiction that Police Station falls. This is provided under Section 154 (III) of Criminal Procedure Code. Said DCP is under duty to register the FIR if it discloses the offence. In the event of failure on the past of either to register the complaint, you can then file the complaint before the Metropolitan Magistrate under Section 190 of the Code of Criminal Procedure. You can also file an RTI application after 15days of submission of complaint to DCP/SP
Read more: http://www.rtiindia.org/forum/81638-filing-rti-not-filiing-fir.html
This is a common problem with Noida Police. They refuse to register cases they know they cannot solve because it ends up hurting their ‘performance report’. Victims of rape cases are still fighting to get cases registered and only after the intervention of senior officers or politicians (after media outrage ofcourse) does the Noida police register a case. File an unofficial complaint with zerocrime.org. Your incident will help caution others.