Account Frozen
4 months ago
Sir I don't know why account has freeze on debit section and showing some message we have Frozen due to order from state police depy
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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A.Dear Client,
Apart from a variety of reasons for making a bank account debit frozen, once a complaint is received by the Cyber Crime Cell from any source regarding any fraudulent transaction caused directly or indirectly through your assigned Bank account, the concerned bank is directed to freeze or withhold the operation of the Bank account till the completion of the investigation into the said complaint. Accordingly, on receipt of instruction from Cyber Crime Cell the Bank withheld the operation of the said account marking a lien on it. So, in this situation, you have to wait for the completion of the investigation into the complaint by the Cyber Crime Cell and need to extend your cooperation in the investigation to get the matter resolved at the earliest so that the operation of your bank account is restored on the direction of the Cyber Cell. The length of time it takes to investigate a cybercrime can vary greatly depending on the complexity of the case, the resources available to the investigating agency, and the cooperation of the victim. The National Cyber Crime Reporting Portal(NCCRP) is an initiative of the Government of India to facilitate victims/ complainants to report cybercrime scams or complaints online. You can also register a complaint of cybercrime at https://www.cybercrime.gov.in/ to check the updated status of a complaint. You may consult with a cyber crime expert for further guidance and steps.
Apart from a variety of reasons for making a bank account debit frozen, once a complaint is received by the Cyber Crime Cell from any source regarding any fraudulent transaction caused directly or indirectly through your assigned Bank account, the concerned bank is directed to freeze or withhold the operation of the Bank account till the completion of the investigation into the said complaint. Accordingly, on receipt of instruction from Cyber Crime Cell the Bank withheld the operation of the said account marking a lien on it. So, in this situation, you have to wait for the completion of the investigation into the complaint by the Cyber Crime Cell and need to extend your cooperation in the investigation to get the matter resolved at the earliest so that the operation of your bank account is restored on the direction of the Cyber Cell. The length of time it takes to investigate a cybercrime can vary greatly depending on the complexity of the case, the resources available to the investigating agency, and the cooperation of the victim. The National Cyber Crime Reporting Portal(NCCRP) is an initiative of the Government of India to facilitate victims/ complainants to report cybercrime scams or complaints online. You can also register a complaint of cybercrime at https://www.cybercrime.gov.in/ to check the updated status of a complaint. You may consult with a cyber crime expert for further guidance and steps.
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A.Dear client,
When there is a case of financial fraud not only the account of the accused but the accounts of the relatives is also freezed by the police for precautionary measures and smooth investigation. Here it is suggested to get the information from the police station regarding which case or crime the account is being freezed. I advice you to cooperate with the investigation of police and once the investigation is over your account will be restored to normal so you don't have to worry about anything.
Thank You
When there is a case of financial fraud not only the account of the accused but the accounts of the relatives is also freezed by the police for precautionary measures and smooth investigation. Here it is suggested to get the information from the police station regarding which case or crime the account is being freezed. I advice you to cooperate with the investigation of police and once the investigation is over your account will be restored to normal so you don't have to worry about anything.
Thank You
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