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How long does it take to get a mobile phone taken as evidence back?


26-Oct-2023 (In Criminal Law)
My mobile phone was taken into police custody on 7th Sep 2017 after keeping me in lockup for a night on the evening of 6th Sep. Today its 26th Oct and I still haven't got it back. It happened because a case was filed against me by my ex friends girlfriend for slandering her on Facebook.. I have never met the girl before. I only knew her boyfriend who was my friend until this happened. I did it because she sent me messages full of bad words on facebook and instagram. I produced the proof but the sub inspector gave me the excuse of her being a girl and coming to complaint first. I got a call on 24th Oct saying I have to come and pick up a letter for me from the ACP. When I went I was told to visit the ACP's office so I did. Once there a person in civil dress told me I would have to get a female as a guarantor for me who should be living near me and should not be related to me. I was told to also come every Thursday to the ACP's office for "hajiri". Please advise me here on what to do.
Answers (3)

Answer #1
717 votes
there is no time period in which the court can give your mobile back. you can move an application in the court asking for return of the phone. in case the investigation is over and phone is not required in respect to the mobile then the court can order for release of the phone
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Advocate Siddhant Sharma

Adv. Siddhant Sharma

LawRato Delhi | 5+ Answers
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Answer #2
632 votes
Please tell the concerned person to give details in writing. Also you can take support of a lawyer and things could be discussed in person of the way forward situation. If they deny to give it in writing then you can assert basis for all Hassel you have to take based on one sided Complaint. Also for mobile phone ask the concerned PSI timeline for return. In most cases it's handed over within 3-6 months.
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Advocate Ramgopal Aiyer

Adv. Ramgopal Aiyer

LawRatoNavi Mumbai | 200+ Answers
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Answer #3
500 votes
First apply for copy of FIR filed by the girl with the concerned police station who has to give you the same within 24 hours of the application and if they dont then apply before the concerned Judicial or magistrate court and get the same and hire a lawyer and apply for the custody of Mobile phone if the Panchnama of the mobile is not done and sent for forensics.
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Advocate Pankaj Bafna

Adv. Pankaj Bafna

LawRatoMumbai | 25+ Answers
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