Paytm account got blocked by Gujarat police valsad Paytm account got blocked by Gujarat police valsad

9 months ago

My paytm account got blocked on 22nd june just after receiving 15,000 in ky account which was not fraudulent transaction and when i ask paytm customer support they said that your account has been blocked by Gujarat police valsad contact them via email they given me the email id which is [email protected] i tried many times from 23rd june till now they are not responding in email so i try to reach out via call but they are not responding and paytm customer support is saying that they need NOC from Gujarat police then only they will unblock my account and i live in ranchi so how i can unblock my account please help me i have 71k in my paytm bank account please help me sir

Kishan Dutt Kalaskar

Responded 9 months ago

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A.Dear Sir,
It is happening in many cases since there are so many cyber offences as such the cyber Police and State police have powers to block the accounts. You may get defreeze your account by invoking the following provisions of law.

Under the following provisions the Hon’ble Magistrate Court having ample powers to unfreeze the Bank accounts. Further, the Hon’ble Court has vast powers to hand over the properties/vehicles seized by the Police and other authorities to the owners of the properties/vehicles. Such interim orders normally will be made within 30 days of such interim application and on such orders the Police and other authorities are bound to hand over the properties/vehicles to the persons in whose favour such orders are passed.
Section 451 in The Code Of Criminal Procedure, 1973
451. Order for custody and disposal of property pending trial in certain cases. When any property is produced before any Criminal Court during any inquiry or trial, the Court may make such order as it thinks fit for the proper custody of such property pending the conclusion of the inquiry or trial, and, if the property is subject to speedy and natural decay, or if it is otherwise expedient so to do, the Court may, after recording such evidence as it thinks necessary, order it to be sold or otherwise disposed of. Explanation.- For the purposes of this section," property" includes-
(a) property of any kind or document which is produced before the Court or which is in its custody,
(b) any property regarding which an offence appears to have been committed or which appears to have been used for the commission of any offence.

457. Procedure by police upon seizure of property.
(1) Whenever the seizure of property by any police officer is reported to a Magistrate under the provisions of this Code, and such property is not produced before a Criminal Court during an inquiry or trial, the Magistrate may make such order as he thinks fit respecting the disposal of such property or the delivery of such property to the person entitled to the possession thereof, or if such person cannot be ascertained, respecting the custody and production of such property.
(2) If the person so entitled is known, the Magistrate may order the property to be delivered to him on such conditions (if any) as the Magistrate thinks fit and if such person is unknown, the Magistrate may detain it and shall, in such case, issue a proclamation specifying the articles of which such property consists, and requiring any person who may have a claim thereto, to appear before him and establish his claim within six months from the date of such proclamation.



Keeping seized vehicle in open air may harm it; petition for custody of vehicle under Section 457 CrPC allowed
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Madhya Pradesh High Court: A Single Judge Bench comprising of Anjuli Palo, J., addressed matter where petitioner was aggrieved by an impugned order passed by Ist Additional Sessions Judge Itarsi in a criminal revision whereby the application under Section 457 CrPC, 1973 was dismissed.
The petitioner’s vehicle was seized by the police for crime under Sections 4, 6 and 9 of the M.P. GauvansVadhPratishedhAdhiniyam, 2004 and Section 11 of PashuKoortaAdhiniyam, 1960. This petition was filed under Section 482 of Code praying the release of petitioner’s vehicle by virtue of Section 457 of the Code on grounds that impugned orders seizing petitioner’s vehicle were illegal and arbitrary and the vehicle had been kept in open space which could damage the vehicle. Court relied on the case of Sunderbhai Ambalal Desai v. State of Gujarat, (2002) 10 SCC 290 where it was held that seized vehicle should be released as keeping it in open could cause harm to the vehicle. Therefore, Court set aside the impugned order as a result of which the vehicle’s interim custody was given to petitioner on furnishing of a personal bond. [Mohd.Irfan v. State of M.P.,2018 SCC OnLine MP 457, dated 03-08-2018]

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Vidhi Samaadhaan Vidhi Samaadhaan

Anik

Responded 9 months ago

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A.Dear client,
The SHO of the police station where the FIR has been registered may not give NOC to unblock the frozen bank account since the case may be under investigation. Try for anticipatory bail at sessions or High court, since there are chances that you may be arrested. In the meantime, If you are aware of the facts of the so-called "fraudulent transactions" and if you could solve the issue without the intervention of the police, you can approach the competent court (CJM/Sessions/or any designated court by the state government) to close the case and unblock the bank account or approach the High Court to quash the FIR.
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