Police station

Querist : Anonymous (Querist) 20 September 2020 This query is : Resolved
Respected Experts,
a few days ago police had taken me to their police station and didn't let me inform my family or friends, they took my mobile phone , what legal actions can I take against police now?

facts: I was standing near a shop and 2-3 more people were standing near me the police car came and they took us to police station, there was no charge on us no complaint etc, we where sitting in the police station for 8-9 hours.

and please suggest what should a person do if this happens with me again or any individual person.

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Quick Summary

If you've been taken to a police station without a clear reason, had your phone confiscated, and were unable to contact family, you may be considering legal action. While some experts suggest that during pandemic restrictions, being in a gathering could be grounds for being taken in, others advise that you might have grounds for complaint if you weren't formally arrested or charged. It's important to consider the timing and full details of the incident when deciding whether to file a formal complaint with senior police officials or pursue legal avenues.

Rajendra K Goyal (Expert) 20 September 2020
This is harassment which is common by the police specially during time of such COVID -19 time.

Forget the event considering it a bad dream.

If you wish may lodge complaint to senior police officials at district or state level.

kavksatyanarayana (Expert) 20 September 2020
Yes. The Police simply kept you for some hours during this situation. I think it is not necessary to complain against him. Still, you wish to complain to the SP/CP of your District.

Dr J C Vashista (Expert) 21 September 2020
Submit written complaint to SHO of the police station for lodging FIR against errant police officials. If no action is taken by SHO submit your complaint to DCP/ SSP and Commissioner /DGP.
Even then if no action is taken move complaint under section 200 of the Criminal Procedure Code, 1973 to area magistrate.

A. A. JOSE (Expert) 21 September 2020
Yes, I endorse the view expressed by learned expert Dr.JC Vashista ji. If you are keen to exercise your legal rights, your remedies are well spelt out.

Hemant Agarwal (Expert) 21 September 2020
1. You are not entitled to take any action on Police, more so specifically since you yourself were violating the Pandemic Lockdown directions issued by Police & State authorities. You should consider yourself lucky that you were not penalized / prosecuted.

2. LASTLY, aapka naam-karan nahi hua hai kya abhi tak .... jo aap "anonymous" query puch rahe ho ????

Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com

Sudhir Kumar, Advocate (Expert) 22 September 2020
Not able to fully agree or disagree with leaned experts above.

Your description indicates that full facts are not there.

This deprives the experts of a situation where they can form concrete view.

You have only stated that this event happened "few days ago" . You have not stated exact timing. Thereby the inference of Mr Goyal is correct that the event happened during past 6 months which is a pandemic period.

during pandemic situation there is restriction on gathering. In that situation merely being found in a gathering of 4 persons (when spotted by police officer not below the rank of constable), is sufficient to be taken in and no complaint is needed.

You said that you were not alleged to call home. You were entitled to this free call if you were formally arrested.

Probably your behaviour was apologetic and concerned officer was lenient then you were not arrested.

By making a complaint you will be putting it on record for having been picked up in such situation and not being charged. The concerned officer can be hauled up for this lapse and you may now be booked

You have stated that they took you mobile phone. you never indicated whether it was returned or not.

Please stated remaining relevant facts so that experts can for clear view.

Rajendra K Goyal (Expert) 22 September 2020
Legally FIR after passage of time (say few days) may result in weak case in court.

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