cpc

police seized my mobile


Dear sir,

Police filled a false complaint of cheating 420 against me and seized my mobile some 1 month back. How to get my mobile now? Is there any posibilities to get it from court or can i go directly to PS and ask for my mobile. Any suggestions....

 
Reply   
 
Proprietor

A Mobile phone is an I.T.Equipment.

 

If it is seized, then the police have to answer the following

 

1) Has a seizure mahazar been prepared ?

 

2) Under what section of the law has the equipment been seized ?

 

If it has been seized under the evidence act, has it been presented in the court ?

 

3) Has a formal receipt been issued to the owner of the mobile, signed by the Inspector Of Police that in this case, your mobile has been seized, as per so and so legal procedure under so and so legal sections of the law and as a part of so and so evidence under the evidence act ?

 

4) First, Has the FIR in the 420 case reached the court ?

 

Write a simple letter to the Asst.Commissioner of Police and tell him that your mobile phone has been seized on so and so date, by so and so police and you have not been issued any reasons, under the appropriate sections of the law, no report copy presented in the court, no receipt issued to you that 

MOBILE PHONE EQUIPMENT WITH 

MODEL NUMBER < >

SERIAL NUMBER < >

IMEI NUMBER < >

COLOUR < >

WEIGHT < >

SALE INVOICE NUMBER < >

has been seized from you for so and so purpose.

 

It has to be returned to you, upon the ACP's instructions.

 

If they do not do so, approach the DCP.

 

All by letter, registered post, acknowledgement due.

 

 

 
Reply   
 



Natarajan,

They filled a case of section 420 and in the remand letter just mentioned that we are seizing his Sony xperia mobile in front of punchnamas thats it. They didnt gave any receipt or any other document regarding the mobile. Its almost 45 days its in PS only and they didnt deposited in court. Our lawyer filled a petition but court ordered to pay the security deposit of 10,000 INR to get my mobile. Now my lawyer will be filling another petition that we cant  pay the required amount with some reasons. Not able to believe the lawyers also. I am jobless now. Plz suggest.

 
Reply   
 
Proprietor

Mahesh

 

You are giving partial information and then some more and then some more.

 

45 days...so FIR is already done, arrest is also done, you are out on bail.

is it not ?

 

Then the police has followed the rule book.

If punchnama mentions the seizing of the mobile phone, that is enough.

Based on that entry, they can provide their reasons for seizing, to the court.

 

If court has asked you to deposit the security amount, that is because 420 matters are taken very seriously.

 

420 is one case within which cheating,...etc can easily be accomodated during argument.

cheating,..etc have lesser term of punishment.

420 has the maximum term in that category.

 

They have not deposited in the court. 

But they have submitted a report to the court. That is also enough.

But model number, serial number and mainly IMEI number are very important in the report.

If you are not lucky, the police can enter some entry level two thousand rupees mobile details also in the report.

what to do ? corrupt people are there in every profession on earth.

420 accused gets no good treatment, both by police and court and also by the lawyers and society.

It sticks on for life. That fellow, he is a 420. That label sticks on.

 

That is why the court has gone to address you to deposit security deposit.

Police will say that for investigation purpose, they are retaining the mobile phone in the police station itself.

Since it is 420, court will not bother about it too much.

 

Very difficult Mahesh.

If you are not at fault, try speaking to the ACP, requesting him to do something before the charge-sheet stage.

Same day, meet the Sub-Inspector of Police and tell him that you met the ACP in the morning and have requested. Same request, you give to the Sub-Inspector of Police to do something before the charge-sheet stage.

 

The complainant is the main party.

See how you can compromise with the complainant.

420 is compoundable offence.

With the permission of the court, case can be compromised and closed.

Complainant has to be present in the court and say he/she is ok with compromise and matter may be closed.

You have to also submit in writing to the court, a prayer that since compromise is agreed upon, court may kindly take a note of the complainant's agreeing to the compromise and court may kindly grant you relief by permitting closure.

On that day before court ends, the magistrate will sign behind the report with his seal and next day, formal report will be ready.

In a month's time, matter can be closed ( closed means on all sides, both legally and mentally, providing relief and peace of mind )

 

But always, if in the future, a background check is done by the companies, for civil and criminal records, it will say

' complaint filed under IPC 420. Matter compromised with permission of court. Case closed. '

it will NOT say

' no conviction '

 

That is why, you have to be careful in LIFE.

Anyway, now the two important people for you are

 

1) Complainant

 

2) Sub-Inspector of Police

 

See how you can compromise.

 

Whichever religion and caste you belong to, pray to God first and apologize to God and promise God that you will never be careless in life, you will not indulge in such crimes ( if you have ).

 

God alone can help.

This might seem superstition to you if you do not believe.

 

If you do not believe in God, Then you can seek your parents' blessings and then proceed.

Even to your parents you must promise that you will not do such crimes in the future.

 

It might seem like a cinema scene, but what to do ?

Cinema itself borrows from Life.

 

Atleast I am typing with patience.

for 420 cases, people do not even look at you.

 

ok, forget all that. read my comments and move towards the solution.

 
Reply   
 
Proprietor

 

sony xperia and no cash !!

jobless also !!

what did you do there, in the company ??

 

This is how people and lawyers would speak.

 

hmmm... Life has it's own strange twists and turns.

Always it is better to be honest.

 

Ok, see the solution now.

 

 
Reply   
 
Proprietor

 

since future companies background check happens.

since today background check is common, how the police close this is important.

 

' INSUFFICIENT EVIDENCE '

 

if police close using this reason, you will be LUCKY.

 

see how you can request the police to do this.

 

 
Reply   
 

Natarajan,

Thanks a lot for your quick response.

Actually there is no evidence on my name that i took some amount from the complainant. I just worked there in that company as a Process Associate with  monthly salary as 12,000/- INR. I left the job in the month of June 5th as im fedup with the candidates, who are coming to office and torturing about the process. But our Manager requested them to wait till october, 2015. Even police also came to office for verifying but as our Manager is not in the office. As an employee we need to answer al the questions asked by them.

After every payment by the candidate, we need to give them the receipt and i did gave them. Every payment is directly transfered/cheque credited into company account only. No evidence that im the partner of the company or company bank account on my name nor im the Manager. Our Manager went to Malaysia for a business trip in the month of March, 2015. He was directly comunicating with the candidates on call/Skype. After quiting from the office, the office was closed from June, 2015 to till date. Even our Manager Malaysia & Indian numbers also not working, so one of the candidate equired about my whereabouts and directly came to my residence . He came to my house (Govt quarters), father is a govt employee (Attender). He pushed my father and beat him by saying that he is a police officer. Even he pushed my mother out of my house and there were many neighbours questioned him but he said " i am the police officer and their son is a cheater, took 1 crore from one of the person, we got the complaint and we came to catch him". He gave warning to my parents and other neighbours.

Once i reached in the evening after office at 7pm on August 21st, 2015 he was inside my home using my desktop system in my bedroom. he called the Police constables and took me to PS. There they beat me like anything as i asked that to prove that i took 1 crore rupees. Even my parents came to PS and question the CI regading the complainant. " how can i person came to a govt servent house forcbly by saying as a police and beat me" But there was no reaction and action on him. He told in front of all the police and us that" He owned te complete police station and no one can do anything to him".

Even they took me to one of my previous office collegue's house at midnight 3 am ad he also gave the same informatin that we are just employees and did our work thats it. Mahesh is not the partner and he is also an employee like me. Mahesh joined recently so he dnt have any connection to this case. Try to catch our Manager, he took the money and currently he is absconding and even we didnt got our last month salary also.

They left my colleague in the next day afternoon and took me to court. but my mobile was with the complainant the whole night and he retured it to SI next day afteroon befre moving to court. He changed all the setting, i think he tried to open all my email and personal storage. Even i discussed with the SI the same but no use. Wantedly at the last minute they took my mobile from my dad and re wrote the remand letter by adding the seizer of mobile.

Finally, the compainant gave the evidece that he transfered an amount of only 1.5 lac into company account and the given receipt thats it. Again we tried to question the police that why you people gve false information that he gave 1 crore but no answer from them.

Now im back through bail after 14 days. Im A2 now, dont no how to fight back and what to do next. No job, no money. No support.

 
Reply   
 
Proprietor

hmm... serious indeed, if what you say is true. let me have my dinner and return to offer my pieces of guidance
 
Reply   
 
Proprietor

@ Mahesh, Answering your queries here.

< You may address me as Mr.Iyer >

Mahesh, if you are indeed innocent,  you really need to do the damage control since it is your life.

________________________________________

 

Actually there is no evidence on my name that i took some amount from the complainant.

 

FILE RTI AND ASK THE POLICE IF THERE IS ANY EVIDENCE TO THE EFFECT THAT YOU TOOK AMOUNT FROM THE COMPLAINANT.

 

I just worked there in that company as a Process Associate with  monthly salary as 12,000/- INR. I left the job in the month of June 5th as im fedup with the candidates, who are coming to office and torturing about the process. But our Manager requested them to wait till october, 2015. Even police also came to office for verifying but as our Manager is not in the office. As an employee we need to answer al the questions asked by them.

 

HAVE YOUR PAY-SLIPS READY TO PROVE LAST SALARY DRAWN

 

 

After every payment by the candidate, we need to give them the receipt and i did gave them.

Every payment is directly transfered/cheque credited into company account only.

No evidence that im the partner of the company or company bank account on my name nor im the Manager.

 

BUT PROSECUTION WILL ARGUE THAT YOU HAD AN AGENT THROUGH WHOM YOU OPERATED FOR RECEIVING MONEY THROUGH SHORT-CUT METHODS AND SIPHONED OFF FUNDS.

SO YOU HAVE TO BE READY FOR THAT CROSS-EXAMINATION.

 

Our Manager went to Malaysia for a business trip in the month of March, 2015. He was directly comunicating with the candidates on call/Skype.

 

SEE IF YOU CAN HAVE THOSE SKYPE CALL RECORDS/ CHATS.

THAT IS AN EVIDENCE LEADING TO THE I.P.ADDRESS THAT WOULD PROVE THAT MANAGER WAS IN MALAYSIA

 

After quiting from the office, the office was closed from June, 2015 to till date. Even our Manager Malaysia & Indian numbers also not working,

 

WHETHER GOVT.OR PRIVATE ( AIRTEL,...etc ), FILE RTI OR IF PRIVATE SERVICE PROVIDER, FILE AT TRAI TO SEEK INFORMATION OF LAST BILL DATE AND LAST ACTIVE CALL-ACTIVITY ON THOSE PHONE NUMBERS SO THAT YOU CAN PROVE THAT THE NUMBERS WERE NOT WORKING.

 

BUT PROSECUTION WILL ARGUE THAT YOU ARE ALL HAND-IN-GLOVE AND THIS IS A PLANNED AND ORGANIZED CRIME.

 

THE WORD ' ORGANIZED CRIME ' WILL BE USED.

 

so one of the candidate equired about my whereabouts and directly came to my residence . He came to my house (Govt quarters), father is a govt employee (Attender). He pushed my father and beat him by saying that he is a police officer. Even he pushed my mother out of my house and there were many neighbours questioned him but he said " i am the police officer and their son is a cheater, took 1 crore from one of the person, we got the complaint and we came to catch him". He gave warning to my parents and other neighbours.

 

FIRST ASK YOUR PARENTS TO FILE A COMPLAINT WITH THE SENIOR CITIZENS' CELL AND NAME THAT CANDIDATE AS THE ONE WHO ASSAULTED THEM.

 

Once i reached in the evening after office at 7pm on August 21st, 2015 he was inside my home using my desktop system in my bedroom.

 

FOR THIS, LET YOUR PARENTS ( OWNER OF THE HOUSE ) FILE A POLICE COMPLAINT OF TRESSPASSING AND FORCED OCCUPATION OF YOUR HOUSE, AGAINST THAT PERSON.

THEY NEED NOT VISIT THE POLICE STATION.

THEY CAN WRITE THE DETAILS AS A COMPLAINT AND SEND IT BY POST TO THE INSPECTOR OF POLICE, BY REGISTERED POST ACKNOWLEDGEMENT DUE.

THAT IS VALID AS A COMPLAINT AND CAN BE LEAD TO AN FIR TOO.

 

he called the Police constables and took me to PS. There they beat me like anything as i asked that to prove that i took 1 crore rupees.

 

THIS IS WHERE IT IS SUSPICIOUS. USUALLY POLICE WOULD NOT BEAT OR USE FORCE UNLESS THEIR GROUNDS FOR SUSPICION IS STRONG OR UNLESS THERE IS A CORRUPT POLICE WHO HAVE BEEN PAID BRIBE TO DO THAT.

 

BUT USUALLY THEY DO NOT DO IT.

THAT TOO, IN TODAYS' WORLD, POLICE THINK A LOT BEFORE BEATING.

 

SO, YOUR VERSION WILL BE DOUBTED BY ANY BODY.

 

BUT IF YOU ARE NOT AT FAULT, ISSUE A SWORN STATEMENT TO THE MAGISTRATE THAT YOU WERE ASSAULTED BY THE POLICE ON so and so date, at so and so time at so and so police station by so and so officer/s

 

Even my parents came to PS and question the CI regading the complainant. " how can i person came to a govt servent house forcbly by saying as a police and beat me" But there was no reaction and action on him. He told in front of all the police and us that" He owned te complete police station and no one can do anything to him".

 

MENTION THIS IN A LETTER AND LET YOUR PARENTS JOINTLY SIGN IT AND POST BY SPEED POST ACKNOWLEDGEMENT DUE TO THE COMMISSIONER OF POLICE.

 

Even they took me to one of my previous office collegue's house at midnight 3 am ad he also gave the same informatin that we are just employees and did our work thats it. Mahesh is not the partner and he is also an employee like me. Mahesh joined recently so he dnt have any connection to this case. Try to catch our Manager, he took the money and currently he is absconding and even we didnt got our last month salary also.

 

IF THAT COLLEAGUE CAN GIVE IT IN WRITING AND YOU GET IT NOTARIZED.

 

THEN MEET THE OATH COMMISSIONER AT THE COURT PREMISES AND LET YOUR COLLEAGUE ISSUE IN WRITING.

 

THEN LET YOUR COLLEAGUE ISSUE A SWORN STATEMENT TO THE MAGISTRATE THAT HE WANTS TO TESTIFY AS WITNESS THAT YOU HAVE GOT NOTHING TO DO WITH THIS.

 

IF YOUR COLLEAGUE DOES THIS, YOUR POSITION GETS INTO A RELAXED STATE.

 

They left my colleague in the next day afternoon and took me to court. but my mobile was with the complainant the whole night and he retured it to SI next day afteroon befre moving to court. He changed all the setting, i think he tried to open all my email and personal storage. Even i discussed with the SI the same but no use. Wantedly at the last minute they took my mobile from my dad and re wrote the remand letter by adding the seizer of mobile.

 

MENTION THIS IN THE LETTER TO THE COMMISSIONER OF POLICE.

 

Finally, the compainant gave the evidece that he transfered an amount of only 1.5 lac into company account and the given receipt thats it. Again we tried to question the police that why you people gve false information that he gave 1 crore but no answer from them.

 

MENTION THIS TOO IN THE LETTER TO THE COMMISSIONER OF POLICE.

 

Now im back through bail after 14 days. Im A2 now, dont no how to fight back and what to do next. No job, no money. No support.

 

IF YOU ARE A2, chances of acquittal are reasonably better if the evidence is weak and if police do not have sufficient evidence to make it a water-tight case.

 

YOU CAN HIGHLIGHT YOUR POSITION BUT ANY FREE LEGAL AID CELL WILL SAY YOU CAN PLEDGE YOUR HOUSE AND RAISE MONEY AND FIGHT A CASE.

 

SO YOU HAVE TO ARRANGE FOR FINANCES TO PAY THE ADVOCATE.

YOU CAN TAKE UP SO MANY ONLINE DATA ENTRY JOBS AND EARN.

 

TODAY, EARNING OPPURTUNITIES ARE MANY.

 

IF YOU CHANGE ADVOCATE, FOR NOC, HE WILL ASK HUGE AMOUNT.

 

SO MEET ANOTHER ADVOCATE AND LET THAT ADVOCATE NEGOTIATE AND CLOSE IT AND GET THE NOC

AND TAKE UP YOUR CASE.

 

TELL HIM YOUR POSITION AND REQUEST FOR PAYMENT OPTION IN INSTALMENTS.

USUALLY ADVOCATES SHOW KINDNESS. HE MIGHT AGREE.

 

ACTUALLY ADVOCATE IS NOT SUPPOSED TO REFUSE NOC.

 

IF HE REFUSES, WITH A STAMP AFFIXED ( it was Rs.5 /- ), YOU CAN SUBMIT AN AFFIDAVIT AT THE COURT AND THE JUDGE WOULD CALL YOUR ADVOCATE AND TELL HIM THAT AS PER BAR COUNCIL RULES, IT IS YOUR CHOICE TO HAVE ANY ADVOCATE YOU WISH TO.

 

WHEN A JUDGE CALLS, USUALLY THE ADVOCATES QUICKLY ISSUE THE NOC.

 

BUT SOME ADVOCATES ARE ADAMANT.

 

SO DO THIS AS THE LAST STEP.

 
Reply   
 

Thanka lot sir,

Its realy make me relaxed.

Can i have your contact number, so that i can make myself some more confirtable by talking on cal.

 
Reply   
 

LEAVE A REPLY


    

Your are not logged in . Please login to post replies

Click here to Login / Register  



 

  Search Forum








×

Menu

IPC Grand Course     |    x