Account freeze due to cyber fraud report
3 months ago
My bank account is freezed after I sold usdt(crypto currency) on binance application, i received fraud report from Telangana police for an amount of 1,858rs and madhaya Pradesh police for an amount of 2,000rs. My entire Paytm payments Bank is freezed.
A.Dear Client,
Under Section 451 of the Code of Criminal Procedure, 1973, the Hon'ble Magistrate Court is vested with substantial powers to unfreeze bank accounts and make orders for the custody and disposal of properties and vehicles seized by the police or other authorities during inquiries or trials. The court can issue interim orders within thirty days of such applications, compelling the police and relevant authorities to return the properties or vehicles to their rightful owners based on the court's directives. Section 457 further outlines the procedure for police upon the seizure of property, allowing the Magistrate to make orders regarding the disposal or delivery of seized property to the entitled person. If the person entitled is known, the Magistrate can order the delivery with specified conditions; if unknown, a proclamation is issued, providing a timeframe for claimants to establish their right to the property. Recent cases have demonstrated the court's consideration for factors like potential harm to seized vehicles, allowing petitions for custody under Section 457 of the CrPC.
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Under Section 451 of the Code of Criminal Procedure, 1973, the Hon'ble Magistrate Court is vested with substantial powers to unfreeze bank accounts and make orders for the custody and disposal of properties and vehicles seized by the police or other authorities during inquiries or trials. The court can issue interim orders within thirty days of such applications, compelling the police and relevant authorities to return the properties or vehicles to their rightful owners based on the court's directives. Section 457 further outlines the procedure for police upon the seizure of property, allowing the Magistrate to make orders regarding the disposal or delivery of seized property to the entitled person. If the person entitled is known, the Magistrate can order the delivery with specified conditions; if unknown, a proclamation is issued, providing a timeframe for claimants to establish their right to the property. Recent cases have demonstrated the court's consideration for factors like potential harm to seized vehicles, allowing petitions for custody under Section 457 of the CrPC.
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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.
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.
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A.Dear Client,
The National Cyber Crime Reporting Portal(NCCRP) is an initiative of the Government of India to facilitate victims/complainants to report cybercrime including cryptocurrency scams or complaints online. Once a cybercrime scam is reported online to NCCRP, on the instruction of Cyber Crime Cell, the victim's Bank account is frozen/made 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. which may take a couple of days or months. 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 your bank account operative and make yourself scam-free ASAP. You can hire the service of an Advocate to keep the track of investigation and take steps accordingly. 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. You may also consult with a cyber crime expert for further guidance and suitable steps.
The National Cyber Crime Reporting Portal(NCCRP) is an initiative of the Government of India to facilitate victims/complainants to report cybercrime including cryptocurrency scams or complaints online. Once a cybercrime scam is reported online to NCCRP, on the instruction of Cyber Crime Cell, the victim's Bank account is frozen/made 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. which may take a couple of days or months. 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 your bank account operative and make yourself scam-free ASAP. You can hire the service of an Advocate to keep the track of investigation and take steps accordingly. 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. You may also consult with a cyber crime expert for further guidance and suitable steps.
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