• Brother is missing or ran away

My 22 year old brother, who is not very mature and behaves like a teenager had affair with our house maid. When we came to know all this about 4 months ago, we asked our maid to leave him and the work. 3 days ago, everything was normal at our home, and he received a call from her and went on his motorcycle with her and her 11 year old son. After that they have not returned. His phone is intermittently on, but he is not answering. He is receiving our messages and have replied to a few of my messages on day 1, now he is not replying and just reading. He has no money in his account or cash. According to maid's family members she was carrying 50-60k with her. Now, I need to know if there is a way to track their location? Should we file an FIR and what should we mention in that? Should we file a missing report in police station or tell the exactly story of their escape? Does police make any effort in tracing locations? We waited this much because his phone is intermittently on and off and he has read our messages and replied initially.
Asked 4 years ago in Criminal Law
Religion: Hindu

3 answers received in 10 minutes.

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16 Answers

Hello Sir,

If you tell the true stroy to the police then the police will not lodge an FIR, saying that he being a major has eloped out of his own will.

You may make out a case that the maid in furtherance of some conspiracy has taken your brother. In that case also if the police approaches the brother and he says that he has taken the step on his own will then police will not do anything.

However you are advised to approach the police so that if anything happens later you may tell the police that you informed the police about the said incident.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

Sir inform.the police and file a FIR for missing in the police station police shall track them using mobile location.

Yes the police will immediately locate him using his last mobile location.

File a FIR saying that brother has taken his motorcycle and gone 3 days back.still not returned and there is no contact and he is missing.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Approach the Police immediately without waiting any further.

Mention in your missing complaint that he has eloped with your maid, apparently upon being enticed with her.

Police will put trace him using his cell phone location.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

1) file missing compliant with local police station. Mention that he is missing for last 3 days

2) police would trace his location on basis of his mobile phone

Ajay Sethi
Advocate, Mumbai
87911 Answers
6207 Consultations

5.0 on 5.0

You should file a complaint at your jurisdiction police station.

Mohammed Mujeeb
Advocate, Hyderabad
19031 Answers
32 Consultations

4.5 on 5.0

Dear client

Immediately lodge a complaint in your nearest PS and if his phone is on then his location would be easily traced and reached lest you have contacts and means in the PS.

Adv vikas

Vikas Khatri
Advocate, Delhi
179 Answers

Not rated

Dear Madam

Your brother is an adult as he has attained the age of 21.You cannot force him to do something against his will. But if there are some ailments or treatment records available we can surely proceed in direction that his mind is being manipulated by the maid. In the later case you can surely lodge a missing report and also mention theft of the amount as stated.

You can have a consultation where certain other facts can also if discussed if you desire so through the legal site.

Anand Shukla
Advocate, New Delhi
666 Answers
14 Consultations

4.9 on 5.0

First of all , you have to inform the police and lodge FIR.

Yes,the police will immediately locate police track the phone and found the location.

Dimple Jain
Advocate, Jodhpur
222 Answers

Not rated

If you raise specific allegations against a person of kidnapping then they will lodge an FIR.

Still if they do not lodge a FIR then file an application before the magistrate under section 156(3).

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

Contact the IO

Complaint lodged by you is sufficient

Ajay Sethi
Advocate, Mumbai
87911 Answers
6207 Consultations

5.0 on 5.0

This is sufficient. Wait for day or two if police not talking any steps write letter to the SP / commissioner further if then also nothing happens file a.writ for directions.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

An FIR is a serious registration related only to cognizable (criminal) offense.

Mohammed Mujeeb
Advocate, Hyderabad
19031 Answers
32 Consultations

4.5 on 5.0

Dear Client,

1.The other measures can you take to track a missing person is:

Filing a police complaint is the formal step you take when someone goes missing, and wait for the police to do their jobs. This doesn’t mean that there is nothing else you can do to track such missing person.

2.Advertisements in Newspapers:

Print media continues to be an immensely popular source of information for people around the world. It is also accessible by most. You can publish an advertisement in a local newspaper about such person mentioning his particulars and identification marks, along with his/her photograph.

3. Use of social media, radio:

Apart from newspapers, social media platforms and radio can also be useful to find such person. Draft an effective message that will help reach people at large, and in return can help your case.

4.Issue of public notice:

A public notice is issued by a government agency or legislative body for certain proceeding. When a missing person complaint is filed, the police also issue a public notice in the newspaper, and other platforms depending on the gravity of the case. Also, another option is available to you, on a larger platform. When a loved one goes missing, you can enter his/ her information on a tracking platform known as missingpeopleinfo.com. If someone comes across such person anywhere, they can post their information on the said website, and action will be taken accordingly.

5. I would suggest you one more thing go and lodge one more complaint with IG/DIG saying that concerned police station isn’t working on it and do some influence from some high profile people to take action effectively.

6. See you go through this case you will get an idea what to do next Implementation of the guidelines of Honourable Supreme Court in Horilal vs Commissioner of Police Delhi and court orders issued in Sampurna Behrua case. These instructions need to be compiled and monitoring ensured.

Koushalya Pattan
Advocate, Bangalore
174 Answers

Not rated

Dear

This complaint is sufficient if you think that your brother has gone out of his own will but if u hv sufficient circumstancial evidence that some one has forcibly enticed him away and is holding him captive than insisist the IO to lodge FIR else ask him to trace his location via his phone.

Adv vikas

Vikas Khatri
Advocate, Delhi
179 Answers

Not rated

If the communication from him has been cut off then it would be better you lodge a man-missing complaint with the police.

You may give the address of the maid to which he had frequented befor going missing.

The police will certainly take proper action but you should not delay the complaint anymore.

T Kalaiselvan
Advocate, Vellore
78070 Answers
1543 Consultations

5.0 on 5.0

The police will not register FIR immediately after receiving the complaint.

They will make enquiry on this and once they find something suspicious on it then they may register FIR and get into investigation seriously.

If there is no response from police for more than seven days of complaint, you may file a haebus corpus petition before high court, then the police will be on their toes on this.

T Kalaiselvan
Advocate, Vellore
78070 Answers
1543 Consultations

5.0 on 5.0

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