Mobile phone seized by the sub-inspector forcefully and illegally.

Hi,

Since you haven't provided much context to the scenario, I'd have many questions to ask you in order to help you out properly. Nevertheless, if the seizure was without any justifiable reason and not in the course of an investigation, it definitely amounts to misconduct on the part of the officer.

The quickest remedy would be to write a complaint of misconduct to the Central Vigilance Commission detailing the situation and your grievance (alongwith proof, if possible). The usual process is there will be an inquiry setup on the officer and he'll have to provide reasons for such misconduct, failing which his duties will be suspended. In all likelihood, you'll get your phone back as soon as he's intimated about your complaint by the commission.

You can lodge a complaint online on the link below -

Online portal for lodging complaints: https://portal.cvc.gov.in/

Guidelines for complaints: https://www.cvc.gov.in/?q=relatedpdf/comprehensive-guidelines-complaint   

Hope this helps!

Also, if you have questions, do reach out to me at aditya.talwar55@gmail.com  

Happy to help,

Aditya Talwar

Advocate (Bombay High Court)

Hi Aditya sir,

Thanks for your quick response.

Actually, my ex-girl filed a police complainant against me stating that I am stalking and s*xually harrassing her, charges are 354A and 354D, in the complaint she said that she never loved me, she just had a friendship with me, based on her statements the police registeresed an FIR against me in 2017, and after one year later in 2018 I was called by the police for an enquiry to record my statement in order to give me 41a Cr.P.C notice. I went to the police station since I was called, then the Sub-Inspector said to me that the girl didn't love me, she just had a friendship with me, I said to him that I have all proofs that we both were in love relationship. He asked me what kind of proofs do I have, I said I have photographs in my mobile phone at present, he said to me let me see the photos, I gave my mobile phone to him, he saw the photos and said my mobile phone will be seized, I asked him what to do with my mobile photo, he said it's for further investigation that he needs my mobile phone, I requested him to return my mobile phone, he didnt' return instead he forced me tell him the password of the mobile phone since I was alone in the police station I had to disclose the password out of intimidation from the police. 

Later, I thought he is going to seize my mobile phone for the investigation as he said, then I thought that I will get back my mobile phone after completion of the case, recently the case has come to the trial stage after 5 years, in the case documents I am not the details of mobile phone that it was seized by the Investigating Officer, then I immediately called that police and asked about it, then he rudely and arrogantly disconnected my call and blocked my number.

I have all proofs about it, me and the police exchanged text messages regarding the phone recovery, in those messages he clearly said to me that I should go to the court and get the court order for the recovery of my mobile phone, I have text content very clearly as proof, and I have call voice recordings as well as proof. In case documents, it's showing NIL regarding the seized property for any investigation.

I think I have given you much context.

Hi Aravind,

Now that you've provided the context, I can definitely help you out with this. However, I would need some case details from your end to assess what action would be prudent enough, considering the trial is pending.

Since this isn't the appropriate forum to share such sensitive details, I'd suggest you reach out to my mail ID for a confidential discussion and advice.

Very best,

Aditya Talwar 

yu do not appear on a strong footing.

Hi Sudhir sir,

I didn't understand your statement. Can you please help me understand more clearly about your statement?

You had given the phone as eivdence that in past she loved you.  This phone is evidence against you and has been siezed by police. By this phone your proximity fo=wuith her will be proved.

if she has loved you in past still you do not have a liberty to compell her to keep loving you.

Hi Sudhir sir,

Thanks for the clarity on your earlier statement which I didn't understand properly.

Firstly, I am an NRI and 41 years old, and I am very much aware about what are my limitations, and liberty, I have no need compell her to keep loving me.

Secondly, what made you assume that I am compelling my ex-girl to keep loving me? this is the problem in the society immediately things fall into conclusions without giving a deep and critical thoughts, at first place men has always a bad reputation of doing wrong things against women when there is a conflict between men and women.

You are a lawyer, and you knew that not all women but majority of women in this country misusing the law against men, and even high courts and supreme court got fed up on this regard.

My ex-girl claiming that she never loved me, so my phone which was seized forcefully and illegally will not be against me, it's going to be against her if they find anything in my phone related to our love relationship.

My ex-girl filed 5 false cases against me in different places lying on the same facts and same false allegations. 

I won two cases, I am excited to deal rest of the cases, and I will clean sweep her through my victory in rest of the cases. 

If you are so sure of your victory then no need to post here, you can fight it out in the court.

Hi Udita Gupta Ji,

I posted here to seek suggestions regarding my mobile only and how it will be recovered.

I didn't post here to discuss on my case details. 

For other queries certainly I can post here. 

Keep your wise advice with you please in terms of where I should post and where I shouldn't. 

Don't be rudement, and please behave professionally by the way.

Fees vagera milegi.....

You better meet a lawyer who know more than you.

Hi Sudhir Kumar sir,

I meet a lawyer who has a proper maturity to understand the facts first before concluding anything, and I don't engage a lawyer who jumps into conclusions immediately like you without giving a deep and critical thoughts.