Paper cutter

baluu jii (Querist) 30 May 2020 This query is : Resolved
at the time of arresting accused (in theft case) has a paper cutter(stationery item ) cost rupee 10 & Constable who took him in P.S. said in police station (P.S.)in front of other policeman that I found this from him
just want to know
1.when I.O. will prepare challan does he mention this paper cutter in his charge sheet
2. or not because case booked in 380 IPC
3.or forget to mention this .because it has been 3 month since FIR.& he was busy in covid 19 duties

though we kept I.O. waiting as we said him to wait till we reach settlement (not done because lokdown)

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Raj Kumar Makkad (Expert) 30 May 2020
1. Yes.

2. Reply as above

3. There is no issue of forgetting.

If settlement arrives, the cancellations report may be filed by police as the offence is for very petty item.

baluu jii (Querist) 30 May 2020
cutter is not case property(it is old & not from complainants shop) it was found in his poket to police at the time of searching him .case property is about 4 thousand rupee
1. could police will kept this as evidence against him & hold it in their possession ?
2. if yes then will I.O. mention it on challan ?
case registered in 380 IPC IN FIR

Dr J C Vashista (Expert) 31 May 2020
What is the property involved in FIR registered u/s 380 IPC ?
However it is not the paper cutter, which was siezed from your possession at the time of preparation of arrest memo by IO ?
You are admitted in bail or still under custody, which is relevant for filing charge-sheet?
Questions are vague not clear and specific.

baluu jii (Querist) 31 May 2020
accused is on bail case property is grocery &cloths
he( as customer enter at daytime in to shop ) & took this things in his bag & exit from shop without paying bill after exit shop -man caught him may be by watching CCTV

Raj Kumar Makkad (Expert) 31 May 2020
Why are you putting the facts in peace-meal system instead of posting at one go?

The old cutter found in the pocket of the accused while Jamatalashi has no relevance in the said case as case property is stolen clothes and other grocery items. IO may or may not mention the same in the Memo of Recovery. Complainant might not have claimed over it in his complaint also.

Rajendra K Goyal (Expert) 31 May 2020
You said:
at the time of arresting accused (in theft case) has a paper cutter(stationery item ) cost rupee 10 & Constable who took him in P.S. said in police station (P.S.)in front of other policeman that I found this from him just want to know

Reply:
As mentioned by you in your later posts, it is not a case property, why are you concerned for this specifically.

You said:
1 when I.O. will prepare challan does he mention this paper cutter in his charge sheet

Reply:
There is no time fixed, accused is on bail.

You said:
2 or not because case booked in 380 IPC

Reply:
Not a big issue, it is not a case property.

You said:
3. or forget to mention this .because it has been 3 month since FIR.& he was busy in covid 19 duties though we kept I.O. waiting as we said him to wait till we reach settlement (not done because lokdown)

Reply:

This is not a case property, may or may not mention.

Rajendra K Goyal (Expert) 31 May 2020

You said:
1. could police will kept this as evidence against him & hold it in their possession ?
Reply:
Do not think it would help in any way to prove prosecution case
You said:
2. if yes then will I.O. mention it on challan ? case registered in 380 IPC IN FIR

Reply:
Wait till challan submitted, nothing can be said.

You said:
accused is on bail case property is grocery &cloths he( as customer enter at daytime in to shop ) & took this things in his bag & exit from shop without paying bill after exit shop -man caught him may be by watching CCTV

Reply:
The accused should properly defend himself by taking help of some experienced lawyer.

baluu jii (Querist) 31 May 2020
THANKYOU Rajendra sir
supreme court in Ashfaq v. state(govt . of NCT OF DELHI) declared knife is equally a deadly weapon ,for purpose of section 394 IPC may be in February 2020
A paper cutter is also a species of knife
THATS WHY I AM CONCERNED THIS specifically

Rajendra K Goyal (Expert) 31 May 2020
In such case wait till challan is presented.

P. Venu (Expert) 31 May 2020
Mr Roshan Jat:
You are setting many a question for the experts in LCI. Is this part of your study?

Dr J C Vashista (Expert) 01 June 2020
You have adequately been advised by experts, now it is your call to engage a prudent lawyer to defend your case, if there is any truth in the story, which is prima facie a hypothetical and fabricated story.

Raj Kumar Makkad (Expert) 01 June 2020
If cutter is beyond the permitted limits then definitely the same shall become a weapon and Arms Act shall be applicable. You have not mentioned the length and breadth of the cutter without which it cannot be presumed that the same falls within the category of weapon or not.

baluu jii (Querist) 01 June 2020
Respected Raj kumar sir Actually IT is 6 cm. in length &1cm(centimeter) in width covered in plastic case it is generally used by school student to cut papers cost rupee10.

baluu jii (Querist) 01 June 2020
Today accused wiling to go to Thana(P.S.) to know whether challan is submitted or not .He had gone court but his MM court was closed he advised to go to THANA (p.s.) to KNOW it by LC(LOWER CONSTABLE)
waiting for reply going to thana by accused is right as everybody knows him or he may not go & he manage any other person for this purpose

Rajendra K Goyal (Expert) 01 June 2020
He may manage to get information.
Better not to follow-up the matter. Let the things move naturally. Sometimes repeated query from police may instigate them to include the reference of the said paper cutter.
The cutter was never used as per your information, better strategy would be to wait and watch.
Police cannot be stopped if it shows cutter in Challan, in such case why to show eagerness.

baluu jii (Querist) 01 June 2020
thank you Rajendra K Goyal sir

Rajendra K Goyal (Expert) 01 June 2020
You are welcome, may revert in case of any further development.

Raj Kumar Makkad (Expert) 01 June 2020
An accused is not expected to visit Thanan to know about the status of the filing of the challan rather it is the duty of the IO to inform the accused to come present on the day of the filing the challan.

Raj Kumar Makkad (Expert) 01 June 2020
Carrying the kind of knife which is below 9 inches in length and 2 inches in width is allowed as the same do not come within the ambit of 'Prohibited Arms' as defined under Indian Arms Act, 1959 hence you need not to worry even if the said cutter is made a case property. Certainly it is not an arm as its length and breadth is within permissible limits.

Dr J C Vashista (Expert) 01 June 2020
It is the investigating officer to file final report before area Magistrate (MM / JMIC) u/s 173 CrPC.
When the challan is submitted to the Trial Court you will be summoned by investigating officer.
Since you are on "bail" your presence is "compulsory" at the time of submission of challan.

baluu jii (Querist) 01 June 2020
THANK YOU Raj Kumar Makkad Sir

P. Venu (Expert) 01 June 2020
Thanks, Mr. Roshan Jat with such an elastic 'paper cutter' that thread would never be resolved!