(Querist) 09 March 2013
This query is : Resolved
My query is that few months ago my brother in law bought a mobile phone from a local mobile shop nearby our home, he used that phone for few months and than later on he sell that to one of his friend, so everything was going fine until one day a team of police caught my brothers friend and told him that the phone which he is using is a robbed phone, police arrested both of them my brother and his friend, but after asking few questions they left his friend and arrested my brother and put him under custody, now the thing is my bother has not robbed the phone, he has purchased this phone from a retail shop, we informed PSI about this, we also took PSI along with us to shop from where we had purchased the phone and asked the police to arrest the shopkeeper for selling the robbed phone, but we all know in india there is a lot of corruption so this PSI took bribe from the shopkeeper around 25k and now he is accusing my brother as a criminal, but why my brother is accused he has just purchased the phone without knowing that its a robbed phone, this PSI states that my brother has robbed that phone whereelse he has purchased it, he also took bribe from my brothers friend and left him also, PSI also have the cctv footage of that person who has robbed that phone and we can clearly identify just by looking that it is not my brother, morover they have also file the case under IPC 380, whereas 380 is not applicable on my brother he is not a robberer he is just a purchaser, policemen him self agreed that the person in cctv footage is not my brother, my brother is innocent and didnt do anything than why they put him in jail for one night, so anyone please help me on this matter as this is spoiling my bothers carrier as he is just 22 years old and studying and has lot of life to spend, how can we pove that the policemen is corrupt and he took money from all the other parties and trapped my brother just because he wanted to arrest someone. the main robber is roaming free and we have to go through all this when we didnt do anything.
(Expert) 09 March 2013
You can file a quashing petition in High Court u/sec.482 Cr.P.C. or file a Writ Petition in High Court for over action of police authority.You can also file a complaint to the Human Right Commission in your State.
(Expert) 10 March 2013
Mr.Bhadra has given valuable advice. Kindly follow it. First of all avail the services of a competent and experienced lawyer and proceed under the expert advice of your lawyer. Do not let this PSI slip from your grip. The CCTV footage is evidence. Try and obtain the copy. Ensure that it is not deleted. Media also plays an important role. Garner the support of elders, near and dear ones, cooperator, municipal counselor, student union leaders, your community leaders…. There is nothing wrong in recording (audio/visual. Mobile comes handy) while this PSI is stating that he has seen CCTV footage and your brother has not committed the robbery. This PSI is corrupt and has extorted the money from one and all and he should be stripped of his badge, stripes, uniform, and loose his job and terminal benefits. All parties who had to bribe this PSI, and their witnesses in whose presence this PSI extorted amounts should give their statements and witness. The vigilance cell acts promptly on such complaints. Meet the DSP-Vigilance and let him conduct the raid, obtain copy of CCTV footage and charge the PSI. The matter should be escalated to SHO, DCP, Police Commissioner, and Home Minister in writing preferably by email, followed by visit in person, along with crowd of supporters and exert enough pressure so that commissioner immediately deputes his staff to obtain the CCTV footage on the spot. However submit minutes in writing and maintain record. Raise RTI applications to obtain the findings of inquiry and copy of the statements. Keep all documents in your file.
In some cases it is seen the aggrieved parties informed Chief Justice of the High Court by telegramme, email, fax and the SHO, Police Commissioner had to depose before HC and were fined. Valuable advice of learned experts is sought.
(Expert) 10 March 2013
The blunder committed by your brother was that he did not took purchase receipt/cash memo from the shopkeeper.
The only hope now is the evidence of CCTV footage which you should take hold of before it is destroyed.