Need help to check reason for Account Freeze
1 month ago
Dear Sir,
I came across that my HDFC bank account was frozen last week. I have no idea why they blocked my account and I'm not sure I'm not involved in any illegal activities.
Upon checking with HDFC Support, They've shared the FIR Number
FIR NO 05/2024 SEC 419,420,467,468,471,34 IPC R/W 66 (D)IT ACT - from Cyber Police station Patel Bungalow, Chhaoni, Nagpur City.
Could you please help me to check what this FIR is?
A.Dear Client,
The Hon'ble Magistrate Court, empowered by Section 451 of The Code Of Criminal Procedure, 1973, holds authority to issue orders for the custody and disposal of property during an inquiry or trial. This includes the option to sell or dispose of the property if it is subject to decay or if deemed expedient. The definition of "property" under this section includes any type of property or document produced before the court or in its custody, as well as property involved in or used for the commission of an offense.
Additionally, Section 457 outlines the procedure to be followed by the police upon seizing property. When the police report the seizure to a Magistrate, and if the seized property is not presented in court during an inquiry or trial, the Magistrate can issue orders regarding its disposal or delivery to the rightful owner. If the owner is known, the Magistrate may order the property's delivery with specified conditions; if the owner is unknown, a proclamation is issued, and anyone with a claim must establish it within six months.
A case before the Madhya Pradesh High Court involved a petitioner seeking the release of their seized vehicle under Section 457 CrPC. The vehicle was seized by the police for offenses under specific laws, and the petitioner argued that keeping the vehicle in an open space could damage it. Citing precedent (Sunderbhai Ambalal Desai v. State of Gujarat, 2002), the court agreed that an open-air storage could harm the vehicle. Consequently, the court set aside the impugned order, granting interim custody of the vehicle to the petitioner upon furnishing a personal bond.
The Hon'ble Magistrate Court, empowered by Section 451 of The Code Of Criminal Procedure, 1973, holds authority to issue orders for the custody and disposal of property during an inquiry or trial. This includes the option to sell or dispose of the property if it is subject to decay or if deemed expedient. The definition of "property" under this section includes any type of property or document produced before the court or in its custody, as well as property involved in or used for the commission of an offense.
Additionally, Section 457 outlines the procedure to be followed by the police upon seizing property. When the police report the seizure to a Magistrate, and if the seized property is not presented in court during an inquiry or trial, the Magistrate can issue orders regarding its disposal or delivery to the rightful owner. If the owner is known, the Magistrate may order the property's delivery with specified conditions; if the owner is unknown, a proclamation is issued, and anyone with a claim must establish it within six months.
A case before the Madhya Pradesh High Court involved a petitioner seeking the release of their seized vehicle under Section 457 CrPC. The vehicle was seized by the police for offenses under specific laws, and the petitioner argued that keeping the vehicle in an open space could damage it. Citing precedent (Sunderbhai Ambalal Desai v. State of Gujarat, 2002), the court agreed that an open-air storage could harm the vehicle. Consequently, the court set aside the impugned order, granting interim custody of the vehicle to the petitioner upon furnishing a personal bond.
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A.Dear Client,
It appears from the FIR that you were booked for the criminal offenses of cheating, forgery, and cybercrime and almost all the charges are non-bailable offenses. So, considering the gravity and impact of criminal charges brought against you, until and unless the investigating agency completes its investigation on the FIR and submits its final report to the Court, your bank account shall remain unfreeze. The length of time it takes to investigate these kinds of criminal offenses 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 consult with an experienced lawyer practicing criminal cases and a cyber crime expert for further guidance and steps.
It appears from the FIR that you were booked for the criminal offenses of cheating, forgery, and cybercrime and almost all the charges are non-bailable offenses. So, considering the gravity and impact of criminal charges brought against you, until and unless the investigating agency completes its investigation on the FIR and submits its final report to the Court, your bank account shall remain unfreeze. The length of time it takes to investigate these kinds of criminal offenses 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 consult with an experienced lawyer practicing criminal cases and a cyber crime expert for further guidance and steps.
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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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