Bank account freezed Bank account freezed

7 months ago

Sir I have fraud by telegram channel so I have resistered a complain on cyber crime through online
But my bank account is also freezed so I contacted bank account they told to contact cyber crime sir should I take back the complain to defreez my account

Anik

Responded 7 months ago

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A.Dear Client,
Here's what you might consider doing:

Contact Cyber Crime Authorities: Since you've registered a complaint about a fraud incident with cybercrime authorities, it's important to continue communicating with them. Share any information and documentation they request to investigate the case thoroughly.

Cooperate Fully: It's crucial to cooperate fully with the cybercrime authorities and provide any necessary information to help them resolve the case.

Seek Legal Advice: Consult with an attorney who specializes in cybercrime or financial law. They can provide guidance on how to navigate the situation and protect your rights.

Bank Communication: While your bank account may be frozen temporarily as a precautionary measure, you should maintain communication with your bank. Inform them about the ongoing cybercrime investigation and provide them with any relevant case numbers or reference numbers related to your complaint.

Request Clarification: If your bank requests that you take any specific actions, such as withdrawing the cybercrime complaint, seek clarification from them. It's essential to understand the bank's concerns and whether taking such action would lead to the unfreezing of your account.

Document All Communication: Keep records of all communication with both the cybercrime authorities and your bank, including dates, times, and names of the individuals you spoke to.

Review Bank Policies: Review your bank's policies and terms and conditions related to fraud and account freezes. Understanding your bank's procedures can help you navigate the situation effectively.

Ultimately, it's important to prioritize the resolution of the cybercrime complaint and work closely with the relevant authorities and your attorney to protect your interests. While the freezing of your account can be inconvenient, it's a precautionary measure taken by the bank to prevent further unauthorized transactions until the issue is resolved.
Thank you.
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Vidhi Samaadhaan Vidhi Samaadhaan

Kishan Dutt Kalaskar

Responded 7 months ago

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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]
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Vidhi Samaadhaan Vidhi Samaadhaan

Legal Counsel Vidhikarya

Responded 7 months ago

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A.Dear Client,
Once a cybercrime involving fraudulent transaction is reported online to the National Cyber Crime Reporting Portal(NCCRP), on the instruction of Cyber Crime Cell, the victim's Bank account is frozen/inoperative putting a lien on the account by the Bank and you have to wait for the completion of the investigation of the scam by the investigating agency. you may visit the cyber crime cell of the Police for further clarifications and necessary guidance in the matter and extend your cooperation to get yourself free from any scam and unfreeze your bank account ASAP.
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