About online financial scamming About online financial scamming

3 weeks ago

Sir I invested in a online trading institution later I realised that it was a fake trading account and they blocked all my amount I filed an FIR and the cyber police put on hold some amount from the frauds account on 40 days back but still I did not received my money back the local police did not say anything about that .where can I go to solve my problem

Anik

Responded 2 weeks ago

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A.Dear Client,

Section 457 of the CrPC grants Magistrates the discretion to order the conditional release of funds frozen under a cyber scam. In such cases, the police may request a bond from the victim, who must declare their commitment to repay 1.5 times the refunded amount to the bank if their claim is false or if other claims are made on the funds. Upon receiving this bond, the Magistrate issues an order to release the frozen funds to the victim. To initiate this process, you can file a petition under Section 457 CrPC in the relevant court, seeking an order for the release of the frozen funds. Upon the court's directive and upon receipt of the bond, the Investigating Officer of the Cyber Cell coordinates with the banks to refund the amount to the victims' accounts.
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Vidhi Samaadhaan Vidhi Samaadhaan

Legal Counsel Vidhikarya

Responded 3 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 victims. If required, you may take the service of an Advocate for guidance and steps. You may also consult with a cyber crime expert for further guidance and suitable steps.
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Vidhi Samaadhaan Vidhi Samaadhaan

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