HOW TO RECOVER MY PHONE FROM POLICE CUSTODY (ROBBERY & SNATCHING CASE)
27-Oct-2023 (In Recovery Law)
How to get the phone back after it is recovered by the police?
What is Superdari application?
How can I recover my stolen property from police in India?
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- Contact the Police: If your mobile phone was seized by the police as evidence in a robbery or snatching case, the first step is to contact the investigating officer or the police station where your case is registered. Inquire about the status of your phone and the procedures for its release.
- Filing an Application: To initiate the process of getting your mobile phone released, you may need to file an application in court. This application is commonly known as a "superdari" application. It is a legal request asking the court to release your property from police custody.
- Superdari Application Format: You can find a format for a superdari application online or consult with a lawyer to prepare one. The application should include details about your phone, the case it is related to, and your request for its release.
- Consult Legal Counsel: It's advisable to consult with a legal expert or lawyer who specializes in such cases. They can guide you through the legal procedures, help you draft the application correctly, and represent your interests in court.
- Court Proceedings: The court will review your superdari application and consider the circumstances of the case. If the court finds merit in your request and believes your mobile phone is no longer needed as evidence, it may issue an order for its release.
- Superdari Meaning: "Superdari" essentially means the release of property by the court. It signifies that the court is allowing the return of your mobile phone to you.
- Comply with Court Orders: Once the court orders the release of your phone, you should follow the court's instructions to retrieve it from police custody.
- Keep Records: Maintain records of all communication with the police and court proceedings, including copies of the superdari application and court orders.
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Shekhar
Sir my phone lost 8-9 months ago in delhi kashmiri gate .lodeged e FIR and now phone found and the IO told me to file application in some 32 or 132 court .. where it is ...can it be done online
Reply by LawRato
Once the stolen property is recovered, the police will submit it to the court. The property held by the court is referred to as "MUDDEMAL." To retrieve your phone, you need to file an Application for Return of Property under Section 451 CrPC at the Magistrate Court associated with the relevant Police Station. You will need to provide the necessary documents, such as the phone bill, and appear in court for identification. After your identification is completed, the Magistrate will issue an order directing the return of the mobile phone to you. You must present the order copy to the Police Station, and they will then return your phone to you. To find out the specific court where you need to file the application, you should consult with the investigating officer; he can provide you with accurate information regarding the court's location and procedures. As for filing the application online, the availability of online filing systems varies by jurisdiction. Some courts do provide online platforms or portals for certain types of applications, while others may require physical submission. It's best to inquire with the court or seek legal advice to determine if online filing is possible in your case.
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