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Id proof misused

(Querist) 03 November 2014 This query is : Resolved 
Hello. An unknown person has got a new SIM connection using my name and address and probably ID proof too. He used it to send abusive messages to someone. Now police has asked me about it but they were instantly convinced that I'm not that person. They left and assured me that the culprit will be nabbed soon.

Then I went for registering an FIR but they refused to do that saying its just a small case and will be resolved soon. But I'm worried that I'm still vulnerable in future. What should I do? Should I go to SP office? Will I be able to register an FIR at SP office? How serious the situation is?

Please advice. Thanks.
Devajyoti Barman (Expert) 04 November 2014
Do not leave this issue. Do lodge complaint. if the police refuses to register FIR then file application in court of Magistrate u/s 156(3) crpc.
It is grave criminal offence called criminal impersonation which can be used for committing fraud or other offence.
Sudhir Kumar, Advocate (Expert) 04 November 2014
the person may use the document and signature for other connections also and then the police from another state may not be so ready to be convinced.
Sudhir Kumar, Advocate (Expert) 04 November 2014
repeated

http://www.lawyersclubindia.com/forum/Someone-got-a-sim-on-my-name-amp-abused-someone-111834.asp#.VFhJAWeO5G0
JS Singh (Querist) 04 November 2014
Thanks for quick reply. How about sending my complaint by post to SP office? Would that be the same thing? I'm told that I'd receive a number from local police station. Can they refuse to give me the ref number in this case also?

I'm also thinking to write to telecom company about the case. Would that be helpful legally?
Devajyoti Barman (Expert) 04 November 2014
Do as advised above than making your own decision.
Sailesh Kumar Shah (Expert) 04 November 2014
make complaint in writing by registered post to the sp office stating that police refused to lodge fir and request to lodge fir.

If in 3-5 days, fir is not lodged then file case u/s 156(3) of Cr.P.C.
ajay sethi (Expert) 04 November 2014
yes you should complain to service provider as how connection has been given in your name when no such application has been made by you .
ajay sethi (Expert) 04 November 2014
if no action is taken by local police station then you can write to SP and enclose copy of complaint made to service provider in this regard .
JS Singh (Querist) 04 November 2014
@ajay Can complaining to the service provider be considered interfering in police investigation?
Guest (Expert) 04 November 2014
If you are Too Cautious Consult a Local Advocate.
Sailesh Kumar Shah (Expert) 04 November 2014
Can complaining to the service provider be considered interfering in police investigation?

Answer:No
JS Singh (Querist) 07 November 2014
Thanks everyone for your valuable suggestions. I've submitted my complaint to SP office.
T. Kalaiselvan, Advocate (Expert) 07 November 2014
Misusing of an individual's document for the purpose of SIM card is abundantly prevalent these days, if your details have been misused by somebody, you have to immediately alert the local police in writing by a complaint so that in case the same has been used by some terrorist outfits, you can have an explanation to defend/save yourself.


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