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Freezing of account by bank on receipt of notice under sec. 91-160 CrPC Freezing of account by bank on receipt of notice under sec. 91-160 CrPC

3 months ago

I am in SURAT / Gujarat. My account is freezed on receipt of notice under sec. 91/160 from Karnatake police as my account was credited with Rs. 30000.00. This payment was recd by me as regular business transaction which I can prove to the satisfaction of any body. My question is Sec. 91/160 does not give power to police for freezing the account. If account is to be freezed, notice under sec. 102 is to be given to Bank. How can bank freeze account under sec.91/160 notice.

Anik

Responded 3 months ago

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A.Dear Client,
In the situation described, it's crucial to consult with a legal professional to understand the specific details of your case and the applicable laws in your jurisdiction. While Section 91 and Section 160 of the Code of Criminal Procedure (CrPC) empower the police to issue notices for information and attendance, freezing a bank account typically involves procedures outlined in Section 102 of the CrPC.

Your legal advisor can assess the circumstances surrounding the notice you received, review relevant documents, and determine whether the freezing of your account aligns with the appropriate legal provisions. If there are procedural irregularities, your attorney can guide you on the necessary steps to challenge the account freeze and seek a resolution. It's essential to act promptly and seek legal advice tailored to your specific case.
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Vidhi Samaadhaan Vidhi Samaadhaan

Legal Counsel Vidhikarya

Responded 3 months ago

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A.Dear Client,
First of all, you need to verify whether the Bank has frozen your bank account based on receipt of the notice under Sec.91/160 of Cr.PC from the Karnataka Police who may issue a separate notice to the concerned Bank for freezing your bank account under Sec.102 of Cr. PC that empowers a Police Officer to seize any property which may be alleged or suspected to have been stolen, or which may be found under circumstances which create suspicion of the Commission of any offence. Under Sec.91/160 of Cr. PC, a Police Officer is empowered to to summon a witness if he thinks that the witness would have certain information that would help with the case. In such cases, the IO needs a statement from the witness defining his involvement or non-involvement in the case and accordingly, on receipt of said summon, you need to appear for a record of your statement and to produce a document or other thing to defend your case that shall be deemed to have complied with the requisition. In the given circumstances, you may hire the service of a Lawyer to navigate the matter in the right way.
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Vidhi Samaadhaan Vidhi Samaadhaan

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