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  1. #1
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    Ramesh
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    Default Police not willing to file FIR for my lost items in transit citing jurisdiction issue. Can I seek RTI help ?


    Hi,

    I recently lost my baggage with laptop, valuables, imp personal documents, etc. while travelling by bus from Mumbai to Pune. I realized the bag was missing only when I wanted to get off the bus at the Food Mall near Lonavla. On reporting the matter to MSRTC thru the driver, I was advised to proceed to Pune and lodge an FIR there. Pune Police refused to lodge the same citing jurisdiction issue, and asked me to file the same at Lonavla Police Station. On my return to Mumbai I checked on the same at Lonavla Police Station too, but they said since I was unsure where exactly I lost the bag in transit, I need to lodge the FIR in the place of origin of my travel, i.e. Dadar in Mumbai. Hence, on my return the same evening, I visited Matunga Police Station (under whose jurisdiction the Dadar MSRTC Bus Stand comes) but the Duty Officer refused to lodge an FIR and offered to give me a "Missing Items Statement" which can help me obtain replacements / duplicates of PAN Card, SIM Card etc. While I managed to file application for PAN Card re-issue, and got a new SIM Card from the mobile operator based on the Missing Items Statement, other institutions have insisted on an FIR, With the Police at various places I visited refusing to lodge an FIR, what recourse do I have to obtain one, as it is mandatory in some cases to provide copy of an FIR.

    I am told that police usually refuse to file an FIR, as it mandates them to prove that they have taken some action into the matter and resolve the same. As it may affect their issue-resolution rates and other statistics, they are reluctant to file an FIR in such cases. While I do not expect the police to find the stolen items for me, an FIR would atleast help me obtain duplicate documents / replacement items I had lost.

    Can I approach any org'n under RTI to help me in this regard ? Seek advise from experienced and knowledgeable persons on options available to me in this regard. Thank you.

    Regards,
    Ramesh



  2. #2
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    C J Karira
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    Default Re: Police not willing to file FIR for my lost items in transit citing jurisdiction issue. Can I seek RTI help ?


    There are some suggestions given in this thread:

    http://www.rtiindia.org/forum/28730-...ir-lodged.html

    They are for Delhi.
    You can follow a similar strategy for Mumbai.
    @cjkarira

  3. #3
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    Sharad S. Phadke
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    Default Re: Police not willing to file FIR for my lost items in transit citing jurisdiction issue. Can I seek RTI help ?


    In registered post or Speed Post complaint on your complaint letter if possible get signatures of two witness and state at the end signed by 2 witness as proof of my signing and forward this complaint to concerned police station under "0" (Zero) no. mail.

    If you send a copy to DCP then no need to give copy to ACP as he is below rank than DCP. But do send the copy to magistrate, as described in the link.

    Signing that complaint by 2 witness makes it signed by "Panch" or "Panchnama" as called by police and then they have to register the case as "written" in the complaint send by Post.

  4. #4
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    Default Re: Police not willing to file FIR for my lost items in transit citing jurisdiction issue. Can I seek RTI help ?



    You send your FIR to the DGP of the state.

  5. #5
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    Dinesh
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    Default Re: Police not willing to file FIR for my lost items in transit citing jurisdiction issue. Can I seek RTI help ?


    Send you complain to concerned police station and DGP by speed post and then file a RTI application to know the status of action taken and progress report of your complaint.

  6. #6
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    KA
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    Default Re: Police not willing to file FIR for my lost items in transit citing jurisdiction issue. Can I seek RTI help ?


    read section 154(3) this can be of some help to you.


    The Code of Criminal Procedure, 1973 (CrPc)
    154. Information in cognizable cases.
    (1) Every information relating to the commission of a cognizable offence, if given orally to an officer in charge of a police station, shall be reduced to writing by him or under his direction, and be read over to the informants and every such information, whether given in writing or reduced to writing as aforesaid, shall be signed by the person giving it, and the substance thereof shall be entered in a book to be kept by such officer in such form as the State Government may prescribe in this behalf.



    (2) A copy of the information as recorded under sub-section (1) shall be given forthwith, free of cost, to the informant.



    (3) Any person, aggrieved by a refusal on the part of an officer in charge of a police station to record the information referred to in sub-section (1) may send the substance of such information, in writing and by post, to the Superintendent of Police concerned who, if satisfied that such information discloses the commission of a cognizable offence, shall either investigate the case himself or direct an investigation to be made by any police officer Subordinate to him, in the manner provided by this Code, and such officer shall have all the powers of an officer in charge of the police station in relation to that offence.

  7. #7
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    Ramesh
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    Default Re: Police not willing to file FIR for my lost items in transit citing jurisdiction issue. Can I seek RTI help ?


    Thanks @karira. The issue is not of procedure, but of willingness of the police. They have been citing jurisdiction as the issue for not filing the FIR, since my baggage was lost while travelling. The Police Station at the destination end had asked me to file it at the source of my journey, and vice versa. Since FIR perhaps affects some stats at their end, and makes the Police liable to take action of some nature, they don't want to get involved, I suppose. It's a classic case of one man's duty not being another man's right, though the law states otherwise. Anyway, am trying my luck to explore contacts within the Police Dept. in Mumbai (higher official the better !!). Seems only hope to get my work done in Mera Bharat Mahaan !!!

  8. #8
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    Ramesh
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    Re: Police not willing to file FIR for my lost items in transit citing jurisdiction issue. Can I seek RTI help ?


    @sharadphadke, with due respect to your suggestion, I feel meeting the officials personally alone would resolve my case, as my bag was stolen in transit. Anyway, thanks for your suggestions/advise. I have realized first hand that in our great country nothing works (atleast in certain govt depts.) without contacts. Am working on that front....



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