Mobile phone seized by the sub-inspector forcefully and illegally.

Hi,

Since you haven't provided much context to the scenario, I'd have many questions to ask you in order to help you out properly. Nevertheless, if the seizure was without any justifiable reason and not in the course of an investigation, it definitely amounts to misconduct on the part of the officer.

The quickest remedy would be to write a complaint of misconduct to the Central Vigilance Commission detailing the situation and your grievance (alongwith proof, if possible). The usual process is there will be an inquiry setup on the officer and he'll have to provide reasons for such misconduct, failing which his duties will be suspended. In all likelihood, you'll get your phone back as soon as he's intimated about your complaint by the commission.

You can lodge a complaint online on the link below -

Online portal for lodging complaints: https://portal.cvc.gov.in/

Guidelines for complaints: https://www.cvc.gov.in/?q=relatedpdf/comprehensive-guidelines-complaint   

Hope this helps!

Also, if you have questions, do reach out to me at aditya.talwar55@gmail.com  

Happy to help,

Aditya Talwar

Advocate (Bombay High Court)

Hi Aditya sir,

Thanks for your quick response.

Actually, my ex-girl filed a police complainant against me stating that I am stalking and s*xually harrassing her, charges are 354A and 354D, in the complaint she said that she never loved me, she just had a friendship with me, based on her statements the police registeresed an FIR against me in 2017, and after one year later in 2018 I was called by the police for an enquiry to record my statement in order to give me 41a Cr.P.C notice. I went to the police station since I was called, then the Sub-Inspector said to me that the girl didn't love me, she just had a friendship with me, I said to him that I have all proofs that we both were in love relationship. He asked me what kind of proofs do I have, I said I have photographs in my mobile phone at present, he said to me let me see the photos, I gave my mobile phone to him, he saw the photos and said my mobile phone will be seized, I asked him what to do with my mobile photo, he said it's for further investigation that he needs my mobile phone, I requested him to return my mobile phone, he didnt' return instead he forced me tell him the password of the mobile phone since I was alone in the police station I had to disclose the password out of intimidation from the police. 

Later, I thought he is going to seize my mobile phone for the investigation as he said, then I thought that I will get back my mobile phone after completion of the case, recently the case has come to the trial stage after 5 years, in the case documents I am not the details of mobile phone that it was seized by the Investigating Officer, then I immediately called that police and asked about it, then he rudely and arrogantly disconnected my call and blocked my number.

I have all proofs about it, me and the police exchanged text messages regarding the phone recovery, in those messages he clearly said to me that I should go to the court and get the court order for the recovery of my mobile phone, I have text content very clearly as proof, and I have call voice recordings as well as proof. In case documents, it's showing NIL regarding the seized property for any investigation.

I think I have given you much context.

Hi Aravind,

Now that you've provided the context, I can definitely help you out with this. However, I would need some case details from your end to assess what action would be prudent enough, considering the trial is pending.

Since this isn't the appropriate forum to share such sensitive details, I'd suggest you reach out to my mail ID for a confidential discussion and advice.

Very best,

Aditya Talwar 

yu do not appear on a strong footing.

Hi Sudhir sir,

I didn't understand your statement. Can you please help me understand more clearly about your statement?

You had given the phone as eivdence that in past she loved you.  This phone is evidence against you and has been siezed by police. By this phone your proximity fo=wuith her will be proved.

if she has loved you in past still you do not have a liberty to compell her to keep loving you.

Hi Sudhir sir,

Thanks for the clarity on your earlier statement which I didn't understand properly.

Firstly, I am an NRI and 41 years old, and I am very much aware about what are my limitations, and liberty, I have no need compell her to keep loving me.

Secondly, what made you assume that I am compelling my ex-girl to keep loving me? this is the problem in the society immediately things fall into conclusions without giving a deep and critical thoughts, at first place men has always a bad reputation of doing wrong things against women when there is a conflict between men and women.

You are a lawyer, and you knew that not all women but majority of women in this country misusing the law against men, and even high courts and supreme court got fed up on this regard.

My ex-girl claiming that she never loved me, so my phone which was seized forcefully and illegally will not be against me, it's going to be against her if they find anything in my phone related to our love relationship.

My ex-girl filed 5 false cases against me in different places lying on the same facts and same false allegations. 

I won two cases, I am excited to deal rest of the cases, and I will clean sweep her through my victory in rest of the cases. 

If you are so sure of your victory then no need to post here, you can fight it out in the court.

Hi Udita Gupta Ji,

I posted here to seek suggestions regarding my mobile only and how it will be recovered.

I didn't post here to discuss on my case details. 

For other queries certainly I can post here. 

Keep your wise advice with you please in terms of where I should post and where I shouldn't. 

Don't be rudement, and please behave professionally by the way.

Fees vagera milegi.....

You better meet a lawyer who know more than you.

Hi Sudhir Kumar sir,

I meet a lawyer who has a proper maturity to understand the facts first before concluding anything, and I don't engage a lawyer who jumps into conclusions immediately like you without giving a deep and critical thoughts.

Dear Querist,

1. In your matter, one of the experts seem to be advising you to report the matter to Central vigilance commission. It is very important to clarify the things ab initio. There is no jurisdiction of Central vigilance commission to entertain a complaint against the Police. The Police is a state subject. In this connection, Entry 2 in the List II- state list Under Seventh Schedule of the Constitution (Pertaining to Article 246 of the Constitution of India) clearly brings out that Police is a state subject.

2. The Circular No 25/12/21 dated 24.12.21 issued by Central Vigilance Commission deals with Comprehensive Guidelines On Complaint Handling Mechanism. Para 1.3(b) under chapter-I of the said circular clearly mentions that Commission’s Jurisdiction does not extend to the Organisations of the State Government. As such, any complaint against the Police Sub Inspector is out of the Purview of the Central Vigilance Commission (CVC).

3. The Honourable Supreme Court of India in the matter of Prakash Singh & Ors Vs Union of India & Ors [ WRIT PETITION (CIVIL) NO. 310 OF 1996] on 22/09/2006 had given various Directions to the Central Government, State Governments and Union Territories for compliance till framing of the appropriate legislations. One of the directions given was Constitution of Police Complaints Authority. The salient issues of these directions given were as under :-

(a) There shall be a Police Complaints Authority at the District level to look into complaints against police officers of and up to the rank of Deputy Superintendent of Police.

(b) Similarly, there should be another Police Complaints Authority at the State level to look into complaints against officers of the rank of Superintendent of Police and above.

(c) The District level Authority may be headed by a retired District Judge while the State level Authority may be headed by a retired Judge of the High Court/Supreme Court.

(d) The Head of the State level Complaints Authority shall be chosen by the State Government out of a panel of names proposed by the Chief Justice.

(e) The Head of the district level Complaints Authority may also be chosen out of a panel of names proposed by the Chief Justice or a Judge of the High Court nominated by him.

(f) These Authorities may be assisted by three to five members depending upon the volume of complaints in different States/districts, and they shall be selected by the State Government from a panel prepared by the State Human Rights Commission/Lok Ayukta/State Public Service Commission.

(g) The panel may include members from amongst retired civil servants, police officers or officers from any other department, or from the civil society. They would work whole time for the Authority and would have to be suitably remunerated for the services rendered by them.

(h) The Authority may also need the services of regular staff to conduct field inquiries. For this purpose, they may utilize the services of retired investigators from the CID, Intelligence, Vigilance or any other organization.

(i) The State level Complaints Authority would take cognizance of only allegations of :-

(j) Serious misconduct by the police personnel, which would include incidents involving :-

(aa) Death,
(ab) Grievous hurt or
(ac) Rape in police custody.

(k) The District level Complaints Authority would, apart from above cases, may also inquire into allegations of :-

(i) Extortion,

(ii) Land/house grabbing or

(iii) Any incident involving serious abuse of authority.

(l) The recommendations of the Complaints Authority, both at the district and State levels, for any action, departmental or criminal, against a delinquent police officer shall be binding onthe concerned authority.

4. Unfortunately not all the states have implemented these directions of Constituting Police Complaints Authority. Therefore, in your case following course of action is recommended :-

(a) Firstly, find out whether a State or District Police Complaint Authority has been constituted in the state and the District in which the said police station is situated where this Police Sub- Inspector is posted. If there is a District Police Complaint Authority, then you may like to complain the matter to such authority (for your matter is a case of abuse of authority by the Police Sub- inspector) with following details :-

1. Name of the complaint,
2. Address of complaint,
3. Contact details of complaint,
4. Write about the complaint- what happened,
5. When happened,
6. The name of the officer of whom against you want to file a complaint,
7. What was said or done by the police officer.
8. If anyone witness at the spot of incident, add their name also

(b) For example in the state of Uttarakhand, the police complaint authority has been constituted. The link is as under :-

https://www.dpcahaldwani.com/

one has to click on the link and download the complaint form.

(c) Secondly, nothing stops you in complaining against this Police Sub- Inspector to the Superintendent of Police with a copy of complaint to Director-General of Police citing the case law i.e Honourable Supreme Court of India in the matter of Prakash Singh & Ors Vs Union of India & Ors [ WRIT PETITION (CIVIL) NO. 310 OF 1996] on 22/09/2006 and the directions brought out about in the said case law.

(d) Thirdly, even if the police channel doesn’t work, you will like to escalate the matter, writing a letter directly to the Honourable Chief Justice of the High Court of the state to which the matter pertains to, citing the case law Prakash Singh & Ors Vs Union of India & Ors and directions given by honourable Supreme Court and yet that nothing has been done to constitute the Police Complaint Authority (if not constituted) and that you as a person aggrieved has not got justice. There is a likelihood that the honourable Chief Justice of the said High Court likely to take cognizance of the matter that the directions of Honourable Supreme Court have not been complied with and you as the victim of the abuse of power by a sub- inspector still stand aggrieved with no action taken on the matter escalated by you.

(e) Fourthly, whatever correspondence you do, send the correspondence of the same by registered post/speed post of the India post so that proper track record can be taken out of the dispatch of your letters and receipt of the same with various agencies.

Same thing is happening with me. In my case, we dont even have contacts wirh each other in any form but her dad filled complaint against me under same act. I didt evwn go to thiee cith from past 5years. She said that I stoped her on the way in 8 FEB  2023 at Nagpur but I was there is bangalore at my office. How can I stope her there. Same police arrested me inappropreiate manner. Police taken my phone. I dont have any Relationship with girl from past 5years, our Relationship dnded in 2017 itself. And bought phone in 2022 . What the hell they collect evedence in that when i didnt have any contact with her. Police officers are looters they just loots. I hate police and police officers. Who give money they eat thier sh*t. 💩💩💩