need a legal advise

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Deal Cadet
dudesam

My dad’s phone was stolen yesterday in an autorickshaw in the afternoon. In the evening I receive a call from a Police senior inspector stating the phone and the gang is found. They called me to the police station and took my father’s statement. They are forcing us now to file an FIR in order to get the phone back, they won’t give the phone back without the copy of the FIR and my family doesn’t want to file one. What should I do guys. Though I have the bill and the box but dont know how to deal with it. Your inputs are highly appreciated. Any help?  

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Rajasthan Royals Rajasthan Royals
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Lost = General Diary

Stolen= FIR

Thumb rule since ages. 

Deal Subedar Deal Subedar
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Not a legal expert but why so much hesitation to file FIR? Because of the gang background?

Deal Cadet Deal Cadet
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prem4998 wrote:

Not a legal expert but why so much hesitation to file FIR? Because of the gang background?

Yes the gang is big in number with already such bad records in past as a result my father advised me to stay away from filing an FIR. Also the Police station where the phone was stolen denied to take the FIR Request and advised us that they will check cctv and track imei but denied FIR, However another Police station where they found the phone are forcing us to file an FIR in order to get the phone

Blogger Blogger
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Law and Order is just to harras common man..The phones were found which were the stolen properties, just give it to their respective owners instead of dragging them into the matter! What are they supposed to do? Why should they come under the radar? Police jobs is to secure the comman vulnerables instead of exposing them to such goons…Such a shame! As they want to encash from both ends!!! Dar ka dhanda boss!!!

Be strong bro, opportunists around, show some vigilance and get some help from experienced friends/family members, they can’t force anyone to register FIR...

Hunk Hunk
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flawlessking wrote:

Law and Order is just to harras common man..The phones were found which were the stolen properties, just give it to their respective owners instead of dragging them into the matter! What are they supposed to do? Why should they come under the radar? Police jobs is to secure the comman vulnerables instead of exposing them to such goons…Such a shame! As they want to encash from both ends!!! Dar ka dhanda boss!!!

Be strong bro, opportunists around, show some vigilance and get some help from experienced friends/family members, they can’t force anyone to register FIR...

law and order has some procedures to follow, so that it can’t be misused. The OP has to file an FIR otherwise he can forget about the phone. 

Deal Subedar Deal Subedar
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its rule , the phone is given in front of judge of you late , and case is go to court then it take month ,so you have to report of lost &find. Judt

Analyst Analyst
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Just curious, what if the phone lands in hands of anti social folks, do you still prefer to stay away from filing FIR?

Tech Guru Tech Guru
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flawlessking wrote:

Law and Order is just to harras common man..The phones were found which were the stolen properties, just give it to their respective owners instead of dragging them into the matter! What are they supposed to do? Why should they come under the radar? Police jobs is to secure the comman vulnerables instead of exposing them to such goons…Such a shame! As they want to encash from both ends!!! Dar ka dhanda boss!!!

Be strong bro, opportunists around, show some vigilance and get some help from experienced friends/family members, they can’t force anyone to register FIR...

I disagree with  you on this @flawlessking There are certain procedures, paper work they have to follow. That’s what they are doing. They’re law enforcement, they ( should) following the law.

………….

@dudesam In most such mobile theft cases police don’t even take FIR… let alone actual recovery. Mainly to avoid responsibility


If you are afraid that gang might come after you for FIR then you should  not mention any identifying feature of that criminal/ incident. Be vague. Like:

I didn’t see his face, he was wearing a face covering/ mask. Or  happened too quickly  I didn’t notice anything important etc. Which would not be much to prove criminal action against them for that crime.

BTW may I know which State/ city your are from? 

And don’t forget to  express gratitude to those policemen who actually did their job

Entertainer Entertainer
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Mein abhi ek baar stolen mobile ka FIR likhwane gaya toh unhone kahaa likh do kahin gir gaya hai, exactly nahin pata kahaan 😀 😂 

Deal Newbie Deal Newbie
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Bro Its normal procedure but why in the first place u didn’t register DD/FIR about lost phone . Find urself lucky for getting it back & don’t forget to take original id proofs + box/bill there

Pro Entertainer Pro Entertainer
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saucap wrote:

Mein abhi ek baar stolen mobile ka FIR likhwane gaya toh unhone kahaa likh do kahin gir gaya hai, exactly nahin pata kahaan 😀 😂 

poore giroh ko maloom hai ki kiske phone ke karan woh police ke lafde mein aagaye… sad … ab to fir ho ya na ho… gaya apna dude sam bhai… sad toungueout

Tech Guru Tech Guru
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Total_Fun wrote:

I disagree with  you on this @flawlessking There are certain procedures, paper work they have to follow. That’s what they are doing. They’re law enforcement, they ( should) following the law.

………….

@dudesam In most such mobile theft cases police don’t even take FIR… let alone actual recovery. Mainly to avoid responsibility


If you are afraid that gang might come after you for FIR then you should  not mention any identifying feature of that criminal/ incident. Be vague. Like:

I didn’t see his face, he was wearing a face covering/ mask. Or  happened too quickly  I didn’t notice anything important etc. Which would not be much to prove criminal action against them for that crime.

BTW may I know which State/ city your are from? 

And don’t forget to  express gratitude to those policemen who actually did their job

You should always read the FIR yourself or atleast ask the policeman to read it loud before you sign it.

Other option is you file a Written complaint to police ( as GD) get a receipt on Xerox of the complaint. Then the police  themselves can prepare FIR based on cognizance of  that incident. Though this one might vary from state to state.

Blogger Blogger
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bikidas2060 wrote:

law and order has some procedures to follow, so that it can’t be misused. The OP has to file an FIR otherwise he can forget about the phone. 

Yes, not denying the fact they are bound by law, but they can be little lenient on such innocent souls who just don’t want to get into legal complications…I myself have been a victim.

Hunk Hunk
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flawlessking wrote:

Yes, not denying the fact they are bound by law, but they can be little lenient on such innocent souls who just don’t want to get into legal complications…I myself have been a victim.

Hmm. Agreed bhai

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