Legal Advice

How to lodge FIR in loss of mobile phone?

Query

I am from Kolkata. my Phone has some last memories of my grandma. I lost my mobile on 16.05.2022 and my mobile rang for about 6 hours and then switched off. How to lodge FIR in loss of mobile phone? Obviously it's switched off by someone. I went to the local police station and then insisted on writing a general diary. And since then they are not at all interested to hear my case. My questions are :- 1.  Can I still file a FIR for the same (which I came to know from a friend later on)? 2. Can I file a FIR through Court? 3. Can I get permission from court to obtain incoming calls on my number? 

Advice

Police officers will not lodge a first information report (FIR) upon receiving information about the loss of a mobile phone. It is not a cognisable offence hence, FIR is not permissible under Section 154 of the code of criminal procedure. 

In this situation the police officer shall record the substance of information in the general diary and the informant has to approach the court under Section 155 crpc for direction of investigation. On receiving the direction of the court the police will investigate the case. 

During the investigation the police officer (investigating officer) will put your mobile’s IMEI number on the electronic surveillance to trace the current location. An IMEI stands for International Mobile Equipment Identity and it is an unique identification number.

Shivendra Pratap Singh

Advocate

High Court Lucknow

Criminal Law

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Introduction: The digital age, while bringing numerous benefits, has also opened the doors to new forms of crime. With its massive internet user base, India is grappling with the dark side of the digital revolution: cyberstalking. While the country prides itself on...