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sekar (retd)     30 September 2012

Fir

My mobile ph was stolen from my handbag.I wanted to trace and block the mb using the IMEI nbr.The service provider refused and the mb mfr also refused.I approached the police, they refused to lodge FIR stating that my ph was only lost...and not stolen.Who are they to decide when I state that it was stolen???No FIR was lodged.

They gave a cert that their efforts to trace the LOST mb were in vain.What efforts did they make? Where is my ph?Who is using it?They could have found this out by tracking thru" IMEI nbr but they refused. I know that the Govt had wanted only mb with IMEI nbrs to be used by ppl and they had asked the service providers only to activate such mbs, with IMEI nbrs.This way a batch of mbs from China without IMEI nbrs were effectively blocked.


Now I dont have my ph and the person, who is using my ph is in illegal possession.Fact.

I have bills and was first user.He may even have a fake bill or a later bill.After all stolen property being purchased cheaply is not unknown and is common in India.Look at the gold chains being snatched and the same being sold and melted by jewellers.

I want to get this ph tracked by IMEI and the ph restored to me.It is easy to capture this ph...lost or stolen is beside the point. It is not with the real owner.This is a difference that the police and the Indian laws have brought in.

Why is sit that the service provider/mfr not doing anything to track the ph based on my stmt.The service provider can track it because they are not allowing any ph without the IMEI nbr to be activated.The police don t come in if it is a new ph..not necessarily new purchase.

This is the second ph that I have lost in the last 6 months due to stealing. The first cost me Rs10000  and the second Rs 30000.Now i use only a Rs1000 ph.

The tracker installed in the mb can be cancelled or erased by other software, so also the pw to open.I have not recd any msg so far.

Help necy....   sekar   30/9/12.

 

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Learning

 4 Replies

Mohd Musabbir Ansari (Legal Practice/Litigation New Delhi 09582547570 )     01 October 2012

Dear Sekar :

First step, you have to understand and assert your legal rights. Start by filing a First Information Report (FIR) at the nearest police station. Don’t forget to mention each and every detail of the incident, in the FIR. Secondly, approach your service provider, with a copy of the FIR. You may go to any authorized center, of your service provider. Following your application, the company will block your Subscriber Identity Module (SIM) card, so that no one can misuse your number.https://www.lawisgreek.com/sites/default/files/lost-mobile-LIG.png  

 

The International Mobile Equipment Identity (IMEI) number plays an important part, in tracking back your mobile handset. The IMEI number is an international identity number, which is unique to every mobile handset. No two mobile handsets can have identical IMEI number. It is a 15 digit number, which acts as a digital finger print. Further, the IMEI number can identify the model and location of the handset, every time it is used.  

 

The IMEI number is usually printed in the compliance plate of the battery. Further, the IMEI number is flasshed on most mobile phones, by dialing * # 0 6 #. The IMEI numbers are allotted by bodies authorized by GSM Association. This helps the police to track down your handset easily, with the help of the IMEI number. 

 

 

 

Final Legal Take Away Tip: The Department of Telecommunication (DoT) in India has ruled that it would ban all mobile phones that do not have the IMEI number. All Chinese mobile phones having no IMEI number are banned in India. Further, the DoT has issued a notice to all consumers; to buy mobile handsets, with a genuine IMEI number, from certified service centers. The Government of India has taken such a stand for the cause of national security. The phones with fake or no IMEI numbers are difficult to trace and can be misused by anti-social elements, terrorists and others.

 At last my humble advice to you is that if still police is refusing to register an F.I.R. regarding theft, then you must file a criminal complaint under section 156(3) read with section 200 Criminal Procedure Code, 1973 before magistrate of your area.

STUDENT.... (.......)     03 October 2012

before you move to a magistrate please make a note that you have approched the higher authority....

 

1. CrPC Act: 154 sub section 3 is used for taking proper action against the police office who deiend to file F.I.R. This complaint can be logged with the Superintendent of Police (SP).

 

2. If incase the Superintendent of Police (SP) also denied to file the F.I.R and also don't take action against the respective officer then you can move to the magistrate of your area and file case under CrPC Act section 156 sub section 3 against SP and the respective police officer.

 

Please find the attached file for your reference.

 

 

 

Regards,

 

Kunal


Attached File : 525925071 police deined to file fir.pdf downloaded: 172 times

stanley (Freedom)     03 October 2012

i agree to the above since it is very essential as your mobile can be misused for other purposes and you may than be implicated as there is no FIR registered that your mobile has been lost .

sekar (retd)     05 October 2012

Thanks to the three of you, for yr responses.I do not know  why the police deny proper treatment to complainants.I plan to send a letter to the ACP and request for action to capture my ph.Why shd a citizen run around to get a complaint regd???After all he has lost his property.

Anyway this is India  and it will only get worse. All the best.

Sekar.         5/10/12


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