Cyber crime account freezed
7 months ago
I stay in Bangalore, I hold HDFC bank account few days back my account has been freezed due to cyber crime , I got all the details from bank where the complaint was filed and phone number and acknowledgment number to. It’s Sikkim cyber cell and Nayabazar police station. When I contacted sikkim cyber cell they told due this transaction we freezed your account I have explained all the details why I made that transaction. They asked me to contact the police station there are not responding properly what should I do now. Please anyone suggest.
A.Dear Client,
If your HDFC bank account has been frozen due to a cybercrime complaint filed in Sikkim, and you have already contacted the Sikkim Cyber Cell and the Nayabazar police station without a satisfactory response, here are some steps you can take to try and resolve the issue:
Visit Your HDFC Bank Branch: Go to your nearest HDFC bank branch with all the relevant documents related to the cybercrime complaint, including the acknowledgment number, details of the transaction, and any correspondence with the authorities. Speak to the bank manager and explain your situation. They may be able to provide further guidance or assist in unfreezing your account.
Contact HDFC Bank Customer Care: Reach out to HDFC Bank's customer care via phone or email and explain the situation. Provide them with all the necessary details related to the cybercrime complaint and the freezing of your account. They may be able to initiate the necessary steps to resolve the issue.
File a Formal Complaint: If you have not done so already, consider filing a formal complaint with HDFC Bank regarding the freezing of your account. Banks typically have a grievance redressal mechanism for such issues. Request a reference number for your complaint.
Escalate the Issue: If you do not receive a satisfactory response from the bank's local branch or customer care, escalate the matter to higher levels within the bank. Contact their regional or zonal offices, or use the escalation channels provided by the bank for grievance redressal.
Seek Legal Assistance: If your account remains frozen despite your efforts and the bank's responses, consider seeking legal assistance. Consult with a lawyer who specializes in cybercrime or banking law. They can provide advice on your legal rights and options for resolving the issue through legal means.
Contact Regulatory Authorities: If you believe your rights are being violated, you can also consider contacting regulatory authorities such as the Reserve Bank of India (RBI) and lodging a complaint regarding the issue. The RBI oversees banking operations in India and may be able to intervene in certain situations.
Keep Records: Throughout this process, maintain a record of all communication, correspondence, and documentation related to the issue. This documentation may be valuable in any legal or regulatory proceedings.
Thank you.
If your HDFC bank account has been frozen due to a cybercrime complaint filed in Sikkim, and you have already contacted the Sikkim Cyber Cell and the Nayabazar police station without a satisfactory response, here are some steps you can take to try and resolve the issue:
Visit Your HDFC Bank Branch: Go to your nearest HDFC bank branch with all the relevant documents related to the cybercrime complaint, including the acknowledgment number, details of the transaction, and any correspondence with the authorities. Speak to the bank manager and explain your situation. They may be able to provide further guidance or assist in unfreezing your account.
Contact HDFC Bank Customer Care: Reach out to HDFC Bank's customer care via phone or email and explain the situation. Provide them with all the necessary details related to the cybercrime complaint and the freezing of your account. They may be able to initiate the necessary steps to resolve the issue.
File a Formal Complaint: If you have not done so already, consider filing a formal complaint with HDFC Bank regarding the freezing of your account. Banks typically have a grievance redressal mechanism for such issues. Request a reference number for your complaint.
Escalate the Issue: If you do not receive a satisfactory response from the bank's local branch or customer care, escalate the matter to higher levels within the bank. Contact their regional or zonal offices, or use the escalation channels provided by the bank for grievance redressal.
Seek Legal Assistance: If your account remains frozen despite your efforts and the bank's responses, consider seeking legal assistance. Consult with a lawyer who specializes in cybercrime or banking law. They can provide advice on your legal rights and options for resolving the issue through legal means.
Contact Regulatory Authorities: If you believe your rights are being violated, you can also consider contacting regulatory authorities such as the Reserve Bank of India (RBI) and lodging a complaint regarding the issue. The RBI oversees banking operations in India and may be able to intervene in certain situations.
Keep Records: Throughout this process, maintain a record of all communication, correspondence, and documentation related to the issue. This documentation may be valuable in any legal or regulatory proceedings.
Thank you.
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A.Dear Sir/Madam,
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 Thirty 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
•
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]
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 Thirty 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
•
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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