Please help
Querist :
Anonymous
(Querist) 28 October 2011
This query is : Resolved
i wanted to knw if my phone is lost, after lodging an FIR, if it is traceable as to the fact as to who is using it then in that case can I send a legal notice to the person who is using it
Devajyoti Barman
(Expert) 28 October 2011
Why sending notice only?
Ask t him for purchasing a stolen article.he Police to arrest
Querist :
Anonymous
(Querist) 28 October 2011
purchasaing a stolen article what does that mean sir...
Ravikant Soni
(Expert) 29 October 2011
You lost your mobile, it means the finder of your mobile is not his bonafied user. So nevertheless he is known of the fact that the real owner of moblie is someone else then he would be assumed as purchaser of stolen article.
adv. rajeev ( rajoo )
(Expert) 29 October 2011
Stolen article means the person who purchased any thing from the any other person knowing it that it is stolen.
Shailesh Kr. Shah
(Expert) 29 October 2011
insted of sending notice, you should request to police to receive ur stolen mobile from that person.
dev kapoor
(Expert) 29 October 2011
Hi all there !
Let us focus our attention on the specific qn.The Author "LOST" his mob.It was used by someone who found it 'unclaimed'. S.378 IPC postulated 'whoever......out of the "possession" of any person.S.410 IPC defines,among others, 'property which has been criminally misappropriated'& still S.405IPC which speaks about 'criminal misappropriation' still envisages the factor of 'entrustment'. ALL these essentials are missing in the case at hand.Besides,the author lodged FIR for "missing". Under these circumstances,the author can,at best file,a suit for recovery,malicious use of his property(Mob) and damages for using other's property/depriving him of using his Mob AND not returning the same to police when it was found by the opposite party.
Raj Kumar Makkad
(Expert) 29 October 2011
If stolen file FIR under section 380 IPC and if the same recovered from a person insert section 411 IPC and there is no need to send notice. Police shall perform all required actions once it comes in the mood to take action.
dev kapoor
(Expert) 29 October 2011
In such cases,however, "Let bygone be bygone' is the logic as the loss is usually very minimum & costs likely to be incurred in Court proceedings are much more besides the agony of wastage of time etc etc.
Take care !
If by sending a notice,the other person compensates,it is better otherwise it is best suited in this case "FORGET" !
Guest
(Expert) 29 October 2011
dont send a notice directly lodge an FIR
prabhakar singh
(Expert) 29 October 2011
As the mobile was reported to have been lost and not theft FIR was lodged,it would be deemed now that the person in possession of mobile is the FINDER OF LOST GOODS.
HENCE WE REQUIRE TO EXAMINE WHAT IS THE LEGAL DUTY OF A FINDER OF LOST GOODS.
Such a duty is laid down in section 168 of the INDIAN CONTRACT ACT 1872 which reads as below:
"168. Right to finder of goods may sue for specified reward offered -
The finder of goods has no right to use the owner for compensation for trouble and expense, voluntary incurred by him to preserve the goods and to find out the owner; but he may retain the goods again the owner until he receive such compensation; and where the owner has offered a specific required for the return of goods lost, the finder may sue for such reward, and may retain the goods until he received it."
FURTHER section 169 speaks in following language:
"169. When finder of thing commonly on sale may sell it -
When thing which is commonly the subject of sale is lost, if the owner cannot with reasonable diligence be found, or if he refuses upon demand, to pay the lawful charges of the finder, the finder may sell it -
(1) when the thing is in danger of perishing or of losing the greater part of its value, or
(2) when the lawful charges of the finder, in respect of the thing found, amount to two-thirds of its value."
THEN REMEDY IS TO APPROACH HIM BY INFORMATION TO POLICE AND TO ASK HIM TO GIVE BACK AND IN CASE HE REFUSES EXPERTS SHOULD START LOOKING INTO IPC TO FIND OUT A SUITABLE CHARGE WHICH I frankly saying CAN NOT PERCEIVE on my own.
Querist :
Anonymous
(Querist) 29 October 2011
I agree to Mr. Prabhakar ji...however what will happen in case it is stolen....
Arun Kumar Bhagat
(Expert) 29 October 2011
The person who found the phone is trustee or custodian of the said phone and it is his abundant duty to handover the same to its real owner. If he misuses the said property or converts it to his own use then he is guilty of criminal misappropriation and is thus liable to be punished u/s 403 of the CR. P.C. Idea of giving notice is not bad.
Shonee Kapoor
(Expert) 29 October 2011
I agree with the explaination given by Ld. Mr. Bhagat
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
