On Registering FIR

Dear Sir/Madam,

I lost my wallet (money and credit cards) on 19 Feb 2011. Due to unavoidable situations (

i got to takecare of my small baby and i could not search for police station, moreover i

asked 2 persons on the road with regard to police station), I recorded the complaint in a

register at Tirumala temple’s Biomatric temple security office. (I could not register FIR

at the Crime branch Police station). on the late night on that day, i found that one of

the card is used and i started getting 5 SMS messages on my mobile. after receving two

sms i called bank and blocked but about 30,000 was already swiped.

Now bank wants me to pay the amount. i have raised dispute declaration form for Standard

Charterd bank. I did the same. After 2.5 months, SCB has investigated and provided me transaction slips from the marchants where my card was used by the thief.

I observed that all the transaction slips shows unauthorised signature. But, eventhen Bank demands me to pay the amount otherwise threatens to put my name in CIBIL. otherwise get an FIR.

Now, only option left to travel Tirumal and register an FIR.
Police say that we do not consider note registered at temple police (bio metric police security). and we can only take the complaint that you have lost the card today.

My Query:
Can I register an FIR today, for the theft happen on 19 Feb 2011?

Kindly suggest.

Best Regards
Giri

  1. In case you do not have a copy of the complaint made to teh security of the temple ,get a copy through post. You can get the FIR registered through post also. addressed to the Incharge of the police station. In case he does not register, make an application to the SP / SSP concerned. Read the concerned section of Criminal Proceedure code for your knowledge :-

    The Code of Criminal Procedure, 1973 (CrPc)

    154. Information in cognizable cases.

    (1) Every information relating to the commission of a cognizable offence, if given orally to an officer in charge of a police station, shall be reduced to writing by him or under his direction, and be read over to the informants and every such information, whether given in writing or reduced to writing as aforesaid, shall be signed by the person giving it, and the substance thereof shall be entered in a book to be kept by such officer in such form as the State Government may prescribe in this behalf.

    (2) A copy of the information as recorded under sub-section (1) shall be given forthwith, free of cost, to the informant.

    (3) Any person, aggrieved by a refusal on the part of an officer in charge of a police station to record the information referred to in sub-section (1) may send the substance of such information, in writing and by post, to the Superintendent of Police concerned who, if satisfied that such information discloses the commission of a cognizable offence, shall either investigate the case himself or direct an investigation to be made by any police officer Subordinate to him, in the manner provided by this Code, and such officer shall have all the powers of an officer in charge of the police station in relation to that offence.

  2. Definitely you can register an fir for the event happened long ago.but the concern is police is clueless due to this late registration.and the positive part is there is no signatures of you.you can ask the bank without your signature how they had paid money to the merchants.you should give legal notice to the SCB on the above point..

    Mallikarjun

  3. nippanimurthy

    you lodge a complaint in regular police station which can register a F I R which intern will come to a court concerned
    regarding bank when you file a complaint give a xerox copy to bank also
    it is the duty of the police to identify the accused the thief at the same time the bank also has to investigate in to the matter
    regarding payment in bank you tell the bank to wait till the police investigate the matter and identify the thief in the court of law
    for any further inquiry give me a mail at nippanimurthy@yahoo.co.in contact no; 9989654920 in Hyderabad Andhra Pradesh

  4. If your are sure that the signature is not matching in the charge slip, it is the duty of bank to collect the amount from the merchant who has sold the goods. It the duty of the merchant to verify the signature in the card and the charge-slip. It is merchant’s fault that he has not verified the signature. Mostly the these type of transactions will happen with help of the merchant only. Hence merchant is responsible and bank is having agreement with merchants. Please send your complaint to banking ombudsman of your region @ http://www.rbi.org.in/Scripts/bs_viewcontent.aspx?Id=159. FIR not necessary.

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