Phone found in other state person not ready to return how to get it

841 votes

As the driver did not take the mobile out of your possession, it is not a case of theft. You should file a criminal complaint before court in Chandigarh or where the driver is presently living under s. 403 (Dishonest Misappropriation of property) of IPC and demand from the court for an order of investigation by police under s. 156(3) of CrPC. The offence under s. 403 IPC is non-cognizable, so police will not register FIR or investigate the case without the order of the court.

Advocate Pradeep Naik LawRato

966 votes

App chhatarpur me FIR file krwa skte ho zero pr or agr wo zero pr bhi mna kr rhe he aap SP ko application de skte ho or uske bad bhi kuch naa ho to pvt complaint file kr skte ho court me or phir court k order pr FIR ho jayegi.

LawRato LawRato

519 votes

As per the concept of Zero FIR is a FIR that can be filed in any police station regardless of the place of incidence or jurisdiction.   The same is later transferred to the Police Station having competent jurisdiction after investigation and filing with a magistrate. What  distinguishes Zero FIR from Ordinary FIR is that in the latter, FIR is registered by a serial number in police station but in the former one an FIR is instituted at any Police Station other than the jurisdictional Police Station concerned, that is the place where incident took place, and such an FIR is registered but not numbered. Such unnumbered FIR  simply is then forwarded to the concerned Police Station where it gets numbered and further acted upon. Hence those FIR’s are known to be Zero FIR’s. For instance an Offence is committed within the jurisdictional limit of ‘A’ police station & FIR is lodge at ‘B’ police station. Then by the procedure, if it is revealed that the offence is committed within the jurisdiction limit of the other police station the FIR will be channelize to that police station as ZERO number FIR. The Police Station registering the Zero number FIR is required to make some prelude investigation into the case before directing it to the concerned Police Station.


The provision of Zero FIR came up as recommendation in Justice Verma Committee Report in the new Criminal Law (Amendment) Act, 2013,

However, policemen by and large deny knowing about provisions of “Zero FIR” and direct the complainant to Police Station having jurisdiction but Section 460 of the Criminal Procedure Code (CrPC) says that if any Magistrate not empowered by laws to call for cognizance of an offence positioned in section 190 (a) or (b) erroneously but in good faith does take cognizance, the proceeding minutes will not be set aside merely on the grounds of not being empowered for same. If at the time of initiation of FIR, it looks evident that the crime was committed outside the jurisdiction of the concerned police station, then the police must be appropriately ordered to register a Zero FIR, and ensure that the FIR is transferred to the jurisdictional police station.


If there is a failure in compiling with the instruction of FIR registration on acknowledgement of information about the offence, it will invite prosecution of the police officer under section 166A which provides a rigorous imprisonment of six months be extended to two years. This evasion of responsibility may invite the departmental action for the police officer.


The concept of Zero FIR is a free jurisdiction FIR, brought up in order to avoid the delay in filing the crime and to avoid wastage of time that  adversely impacts the victim and gives a free way to offenders getting an opportunity to escape from the clutches of the law.

Now I would like to clear that what would be the place in your case for trial your criminal case Place of inquiry or trial: for that legal Provisions of Section 178 of Code of Criminal Procedure, 1973 (Cr.P.C.) would be followed.

The section is primarily intended to resolve the difficulty that may arise where there is a conflict as to jurisdiction of the Courts situated in different areas in order to prevent an accused person getting off because of the doubt as to which Court (Magistrate) has the jurisdiction to try the case.

This section provides that :-

(1) where there is uncertainty as to in which of the several local areas an offence is committed

(2) or where an offence is committed partly in one local area and partly in another, or

(3) where an offence is a continuing one and continues to be committed in more local areas than one, or

(4) where it consists of several acts done in different local areas, the offence may be inquired into or tried by a Court having jurisdiction over any of such local areas.

"A person charged with offence of breach of trust either at a place X, Y or Z"

but it is uncertain at which particular place he actually committed the offence. As per Section 178 he may be tried at any of these places. Same rule may also be applicable for the offence of criminal conspiracy if it is not certain as to exactly at what place it was hatched.

So if police is not taking any action and refusing registration of F.I.R so you file complain against concerning police station before SP and I will further advice you that you take action against driver and police station for not registering F.I.R. in your place of residence and you can do this and if SP is not taking action againston your complain then you directly file a private complain before magistrate in your place of residence.
I hope this advice will help you for your further action.

Advocate Rohit Jagwani LawRato

807 votes

dear sir.
if poolice is not registered the .fir
you can file a private complaint under section 200 crpc ...
first you can post the application for incident to poolice station and higher oficial .then file a private complaint .....

Advocate Manoj Sharma LawRato