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Prashant (none)     28 June 2012

Did police do me a favor?

Ok Guys, I need to take an action now and first I need to find who it is that I need to sue. he whole case is about a stolen Mobile phone that was found with me but I had legally purchased it from Ebay. Now my questions,

 

- Police was friendly with me though in the end, i lost my money because of them. Now I want to know ' did they do me a favor by not arresting me when the phone was with me when I went to deposit it to police station'? Considering my good academic backgrowund, clean profile and evidences that i had legally bought it, they said that they didn't want to lock me up and spoil my CR , hence they let me go, but without giving me a deposit challan and telling me not to take an action against the ebay seller.

   Can police really lock me up for using this phone or they  can only verify where I got it? My entire action will depend in this. If they were kind to me, i can let them go but not otherwise.

   The other lawyer I contacted in a court asked me to forget the entire incident when it involves police 'jo mere naak mein dum kar sakti hai'.

   It all depends on two things:

- why didn't they contact my state police instead of calling me and asking me to appear in their police station?

- Could they have arrested me even after verifying all evidences that I had bought the phone on ebay?

 

 



Learning

 7 Replies


(Guest)
I had lost my nokia N70 at hospital (same day polish taken "GUMSUDGI" and I filed FIR after 6 mnth when i came to know the sim no insrted. One ASI of the same police stn having and using(gifted to his son) that handset. Further it came in news. At last i got my mobile phone by order of court. ASI gone under suspend for 6 mnth and other departmental action. He was cruel to me when before FIR i met him to know him personally. This is in 2008. I suggest find who lodged fir and cnt ebay for matter, then file a FIR against that ebay. Dont give ur phone without the money u spent. Give application to ur local police station. Keep original bill with u only.

Prashant (none)     28 June 2012

Well Done! But my question is that did police really do me a favor by letting me go free, without filing my name or without locking me up to be produced to the court? ( I don't want to be unfair to them if they helped me by not involving my name that could spoil my CR but I also do not want to leave any guilty fellow unpunished)

Prashant (none)     28 June 2012

Well Done! But my question is that did police really do me a favor by letting me go free, without filing my name or without locking me up to be produced to the court? ( I don't want to be unfair to them if they helped me by not involving my name that could spoil my CR but I also do not want to leave any guilty fellow unpunished)

Prashant (none)     28 June 2012

Well Done! But my question is that did police really do me a favor by letting me go free, without filing my name or without locking me up to be produced to the court? ( I don't want to be unfair to them if they helped me by not involving my name that could spoil my CR but I also do not want to leave any guilty fellow unpunished)

Sudhir Kumar, Advocate (Advocate)     08 July 2012

You were found to have been using a stolen mobile.  Had the police been more malicious (or you want to make them) they should have arrested you and you would have confessed other thefts as well.  On the contrary they just wanted to usurp the mobile phone and did not record it as a case property and did not record the source of recovery.

 

You have already been advised by your lawyer not to buy trouble and you seem to be not prepared to accept the same [probably the advise was free]. You perhaps need to be told in cruder sense.

 

If you are keen to see the things logically then give an affidavit before the Ilaqa Magistrate intimating that you have purchases the stolen phone (you cannot lead them to a shop from where purchased) and deposited in the thana with so and so cop , without recovery memo. Then the policeman can be suspended on the charge of failure to arrest you on charge of theft or atleast to have been found with stolen property on the charge of misappropriation of case property, receiving case property without recovery memo.  The next IO will do the rest of the things.

 

You can be remanded to police custody for discovering the nexus between actual thief.  The police officials in order to save their career will have no option but to deny having recovered anything from you and the next IO will be forced to used his powers to show recovery of the stolen mobile from you after you are arrested. You will be remanded to police custody for discovering the nexus between actual thief. You need not be told what will follow.

You may be acquitted after years of ordeal and with no career.

 

Prashant (none)     08 July 2012

Sudhir Ji, Your reply surprises me. This is a democratic country where law is the supreme authority. What if I tell you that the shirt you are wearing is a stolen piece and I don't care where you bought it,?

 I paid for the phone and bought it legitimately, all I need to prove is that I bought it, not stole it from anywhere and then there's no law that arrests me. As a matter of fact, I contacted Supreme ourt lawyers and I've been advised to fight it full with the simple question; 'what the hell's happened to my phone'?

  You'r right that it can invite trouble for me as the cops will now face serious inquiries that can lead to their suspension for mishandling this case and troubling a respected fellow. The lawyers have mentioned that the Cops CANNOT even call me to any police station unless there's an FIR against me. I know cop or anyone will go to any level to save their Jobs but that will again only be illegal.

  Anyway, I think it's all the phone seller's fault for which I have faced problems. I am meeting another Supreme court Lawyer this week and will involve some Politicians too and then set my plan of action which will most likely be only against the ebay seller. I need to get justice,phone, compensation, right? and I also need to set the phone seller right too so that he doesn't bring trouble to any more people like me ( or even your sons and daughters ), in the future. Now this is what any responsible citizen would do, isn't it?

 

 

Sudhir Kumar, Advocate (Advocate)     08 July 2012

Go Ahead. Good luck.


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