Neighbor filed false case and police has taken my cell phone


sir/mam, i want to ask that my neighbour has been filled a false complaint on me that i have clicked a photo of here while she was going out to buy ice cream she also filled tha i am forcing her to sell her property to me she is 53 yrs old approx and i am 19 years old.due to this a police officer has taken my cell phone for inestigation its now 2 month and i havent recived my phone and no one is telling me about its status they are just saying it is under investigation.what should i do now.

Answers (2)


288 votes

sir,
this is a matter which shall take time, i hope you havent received any court summons. the matter shall be based on the investigation which the police shall conduct, if in case there is no photograph nothing will suffice, Also it is relevant to ask you if the police officer had given you a seizure memo or have you signed any seizure memo while giving your mobile phone


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319 votes

LEGAL / STATUTORY PROVISIONS PERTAINING TO THE CASE

I. SECTION 451 OF THE CODE OF CRIMINAL PROCEDURE

451.Order for custody and disposal of property pending trial in certain cases.-

When any property is produced before any Criminal Court during any inquiry or trial, the Court may make such order as it thinks fit for the proper custody of such property pending the conclusion of the inquiry or trial, and, if the property is subject to speedy and natural decay, or if it is otherwise expedient so to do, the Court may, after recording such evidence as it thinks necessary, order it to be sold or otherwise disposed of.

Explanation.- For the purposes of this section, “property” includes –

(a) property of any kind or document which is produced before the Court or which is in its custody,

(b) any property regarding which an offence appears to have been committed or which appears to have been used for the commission of any offence.

II. SECTION 482 OF THE CODE OF CRIMINAL PROCEDURE:

482. Saving of inherent powers of High Court. Nothing in this Code shall be deemed to limit or affect the inherent powers of the High Court to make such orders as may be necessary to give effect to any order under this Code, or to prevent abuse of the process of any Court or otherwise to secure the ends of justice.:

ANSWER TO PART I Of THE QUERY

From the contents of the query it is not clear whether the police has registered an FIR and seizure punchnama was drawn. However I am presuming it in the affirmative and answering as under.-

1. If the police has confiscated the mobile phone pursuant to an FIR, an application under Section 451 of the Code of Criminal Procedure can be moved before the Court of Metropolitan Magistrate under whose jurisdiction the Police station falls.

PROCEDURE AND CONSEQUENCE :

1. A person can either file this application by himself before the court or can authorise someone to file an application on behalf of you to the court for the custody of the property.

2. After filing an application one has to comply with all the directions which have been issued by the court.

3. Apart from the application one has to provide as annexure the document of the title of the property, it also applies to those properties which have been seized by the police during the time of investigation and enquiry, but they can be released only in exceptional situations.

4 Sec.451 of the CrPC deals with recovery of property stolen, received or is being used as evidence in a case during the enquiry or for which the trial is pending or the trial has not been conclude.

5. Any person can under this sec. acquire the custody and possession of the property through the provision of Superdari, which is based on the surety bond.

ANSWER TO PART II OF THE QUERY:

If a false case has been filed, your remedy is to file an application under Section 482 of the Code of Criminal Procedure before the High Court under whose jurisdiction the case falls, for quashing the FIR.

1. The High Court may exercise it's powers under Section 482 under the following circumstances.-

i. If it thinks that the FIR which has been lodged is a false one and was done with the sole motive to defame and trouble the aggrieved person.

ii. If any person has been implicated and accused of a non-compoundable offence then he can approach a High Court and file a Writ Petition under Article 226 of the Indian Constitution read with Section 482 of CrPC.

The burden of proof is on the petitioner to prove that he FIR has been lodged only for malicious reasons and to trouble the petitioner.

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