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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.
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.
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A.Dear Client,
Once a cybercrime scam or fraudulent transaction is reported online to the National Cyber Crime Reporting Portal(NCCRP), on the instruction of the Cyber Crime Cell, the investigating team starts the routine process of investigation immediately freezing the suspected accounts of fraudsters and the victim's Bank account and you have to wait for the completion of the investigation of the scam by the investigating agency. 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 investigators, and the cooperation of the victim. Section 457 of the CrPC empowers a magistrate to use their discretion to order the conditional release of the seized/frozen amount. When the victim is known, but the credentials of the criminal who created the fake accounts are unknown, in that situation, the police seek a bond from the victim to release the seized/frozen money recovered from the victim's account. You may consult with a cyber crime expert or an Advocate handling cyber laws for further guidance and suitable steps
Once a cybercrime scam or fraudulent transaction is reported online to the National Cyber Crime Reporting Portal(NCCRP), on the instruction of the Cyber Crime Cell, the investigating team starts the routine process of investigation immediately freezing the suspected accounts of fraudsters and the victim's Bank account and you have to wait for the completion of the investigation of the scam by the investigating agency. 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 investigators, and the cooperation of the victim. Section 457 of the CrPC empowers a magistrate to use their discretion to order the conditional release of the seized/frozen amount. When the victim is known, but the credentials of the criminal who created the fake accounts are unknown, in that situation, the police seek a bond from the victim to release the seized/frozen money recovered from the victim's account. You may consult with a cyber crime expert or an Advocate handling cyber laws for further guidance and suitable steps
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A.Dear Client,
1. Report it to the police - It is important that you report the issue to the police ASAP. You will need a crime number from the police to help you work with your bank and other organisations. With the majority of online scams and cyber crimes you report to Action Fraud. Reporting will also help get the scam shut down and may help you progress getting your money back.
2. Contact your bank - You also need to contact the financial organisations involved in making the payments immediately. This tool from Cybera allows you to make a global report with the aim of freezing the money ASAP. If it was your bank account then contact your bank and explain what has happened. If you know which bank the money was send to you should also contact them. If this is done quick enough they may be able to freeze the money if it is still in transit and both should kick off a fraud investigation.
3. Beware recovery scams - after stealing money it is common for criminals to contact their victims pretending to be their bank, the police or money recovery experts. The aim is to steal more money by asking you to move money into a “safe” account or trick you into sharing information that will enable a further crime. Do not trust any communications by phone, email or text. Instead call the organisation directly and check that it was really them that tried to get in touch.
1. Report it to the police - It is important that you report the issue to the police ASAP. You will need a crime number from the police to help you work with your bank and other organisations. With the majority of online scams and cyber crimes you report to Action Fraud. Reporting will also help get the scam shut down and may help you progress getting your money back.
2. Contact your bank - You also need to contact the financial organisations involved in making the payments immediately. This tool from Cybera allows you to make a global report with the aim of freezing the money ASAP. If it was your bank account then contact your bank and explain what has happened. If you know which bank the money was send to you should also contact them. If this is done quick enough they may be able to freeze the money if it is still in transit and both should kick off a fraud investigation.
3. Beware recovery scams - after stealing money it is common for criminals to contact their victims pretending to be their bank, the police or money recovery experts. The aim is to steal more money by asking you to move money into a “safe” account or trick you into sharing information that will enable a further crime. Do not trust any communications by phone, email or text. Instead call the organisation directly and check that it was really them that tried to get in touch.
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