Court order to release my money from Fraudster account which is Frozen Court order to release my money from Fraudster account which is Frozen

4 weeks ago

I have been a victim of cyber fraud where I had filed FIR under section 419 and 420. I submitted all the evidences to Cyber crime on the accounts where I deposited the money to merchant accounts. Now cyber crime is saying to get the court order to get the money released from frozen Accounts.

Anik

Responded 4 weeks ago

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A.Dear Client,

Under Section 457 of the CrPC, a Magistrate has the authority to order the conditional release of frozen amounts in cyber scam cases. In such instances, the police may require the victim to furnish a bond, committing to repay 1.5 times the refunded amount to the bank if their claim is false or if other claims arise. Once this condition is met, the Magistrate can issue an order for the release of the frozen funds to the victim. To pursue this course of action, the victim can file a petition under Section 457 CrPC in the appropriate jurisdictional court, requesting the release of the frozen funds. Subsequently, upon compliance with the court's order and submission of the bond, the Investigating Officer of the Cyber Cell will facilitate the refund process with the banks, ensuring that the refunded amount is credited to the victim's account.
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Vidhi Samaadhaan Vidhi Samaadhaan

Legal Counsel Vidhikarya

Responded 4 weeks ago

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A.Dear Client,
Section 457 of the CrPC empowers a Magistrate to use their discretion to order the conditional release of the amount frozen under cyber scam. In this situation, the police seek a bond from the victim who needs to declare that he/she will pay 1. 5 times the refunded amount to the bank in case his/her claim is false or if other claims are made on the amount. Once this is done, the Magistrate executes an order to release the frozen amount to the applicant victim. So, you can file a petition under Section 457 CrPC in the jurisdictional court praying for an order for the release of frozen money and following the court's order, and on receipt of the bond, the Investigating Officer of the Cyber Cell will follow up the matter with the banks and the amount is refunded to the accounts of the victim. If required, you may take the service of an Advocate or a cyber law expert for guidance and steps.
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Vidhi Samaadhaan Vidhi Samaadhaan

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