[Cyber Portal Jurisdiction] Delhi Police registers FIR against lawyer on Facebook impersonation, years after shifting case to Gurgaon | Tech Reddy

Delhi Police on Tuesday registered an FIR against a fraudster on the complaint of a resident of Gurgaon, after the Delhi Police told the High Court that a complaint filed on the National Cyber ​​Police portal was allocated on the basis of the complainant’s address as per a standard operating procedure. Facebook account.

FIR was filed in its bench regarding registration Justice Jasmeet Singh Gurgaon residents responded on Friday Pankaj YadavPetitioner seeking annulment of decision to transfer his cyber crime complaint to Haryana Police citing SOP issued by Ministry of Home Affairs. Yadav, who is a practicing lawyer in Delhi, also sought a direction to register an FIR on her complaint.

“Continuing to the earlier status report, it is further stated that all information has been re-examined and case FIR No. 36/2022 dated 02/11/2022 U/s 419 IPC and 66C IT Act has been registered at PS Cyber ​​Cell, New Delhi and investigated. Will be,” said the SHO of Tilak Marg police station in the report before the court.

Yadav registered a complaint on cybercrime.gov.in in February 2021 that someone had created a Facebook account in his name and was asking for money on FB Messenger. The complaint said the fraudulent account was using Yadav’s picture and other details.

“There is an apprehension that, by impersonating the petitioner and using his credentials, the impersonator was deceiving other people …,” Yadav said in his plea to the high court.

The court issued a notice to the police on April 13 last year on Yadav’s application. In a response filed in May last year, police said since Yadav is a resident of Gurgaon, the complaint was forwarded to SSP Gurgaon, Haryana for necessary action at their end.

It is pertinent to mention here that as per Rule 2.4.1 of Standard Operating Procedures (Ministry of Home Affairs, Government of India) of National Cyber ​​Police Portal dated 30/10/2019, it is mentioned that assignment of a reported complaint. State/UT is based on the address of the complainant. Hence, the complaint has been validly transferred to SSP Gurgaon, Haryana,” argued the police report.

After the latest submission that an FIR has been registered against Yadav, Justice Singh said that the complaint is satisfied.

“Mr. Yadav said that in the present case, the FIR was lodged on the basis of complaint [him]. Hence the application is in vain. The application is disposed of as infructuous,” the court said.

In a separate response to the petition, the Home Ministry said on Friday that cyber crime incidents reported on the portal are automatically routed based on the information provided by the complainant to the concerned state/UT law enforcement agency for further processing.

It also clarified that the Indian Cyber ​​Crime Coordination Center has issued instructions to state/UT law enforcement agencies to register zero FIRs in cases of cyber crime, when the victim is in transit or reaches the police station nearest to his location.

Title: Pankaj Yadav vs. State (NCT of Delhi) and others