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If your bank repeatedly claims that they have powers to freeze your account under section 91 then show them the following:
Mohd Rizwan Ansari vs. State of Uttarakhand & Others. Writ Petition (M/S) No. 699 of 2021
In paragraphs 10 & 11 the Hon'ble Uttarakhand High Court stated:
"10. In view of the aforesaid legal position, this Court has no hesitation in holding that the direction issued by the Investigating Officer under Section 91 of Cr.P.C. to the Branch Managers to freeze the Bank Accounts of the petitioner, is not sustainable in the eyes of law.
11. In such view of the matter, the Banks are not bound to comply with such direction as regards freezing of Saving Bank Accounts of the petitioner. "
The bank cannot go against the HC's decision. Tell them you will be sending them a show-cause notice soon and will drag them to court and sue for damages for violating your personal liberty under Article 21 of the constitution.
You can download a copy of the above-mentioned judgment here:
https://app.box.com/s/f119n0cbsf7vorgnx1hv3wn61eauqpqm
Hello sir,Mohd Rizwan Ansari vs. State of Uttarakhand & Others. Writ Petition (M/S) No. 699 of 2021
In paragraphs 10 & 11 the Hon'ble Uttarakhand High Court stated:
"10. In view of the aforesaid legal position, this Court has no hesitation in holding that the direction issued by the Investigating Officer under Section 91 of Cr.P.C. to the Branch Managers to freeze the Bank Accounts of the petitioner, is not sustainable in the eyes of law.
11. In such view of the matter, the Banks are not bound to comply with such direction as regards freezing of Saving Bank Accounts of the petitioner. "
The bank cannot go against the HC's decision. Tell them you will be sending them a show-cause notice soon and will drag them to court and sue for damages for violating your personal liberty under Article 21 of the constitution.
You can download a copy of the above-mentioned judgment here:
https://app.box.com/s/f119n0cbsf7vorgnx1hv3wn61eauqpqm
I'm prem. my bank acc got freezed on nov 30rth, 2021. Freeze came from mumbai police station. And the freeze came for doing p2p transactions on binance. I have got the complaint letter from my bank. It is mentioned in the letter as follows.
"Tulinj police station had registered C r no 1163/21, u/s 420,34 of IPC r/w 66 (c)(d) of information technology act 2000 dt 18/09/2021". I called the resp officer and he asked me to come to the station to give my statement.
i have gone to the tulinj station to give my statement on 27th dec and gave my statement. Its been nearly 1.5 month from the freeze date. when i called the officer recently , he said he cannot do anything and we need to wait till main culprit is found . And i didnt get any direct complaint from anyone to freeze my account , its just chain freeze kind. Officer said Some fraudsters using scam money to buy crypto from you , so thats y money to came to your account and got freezed.
Can you please guide me on what to do next and how to get my acc unfreezed?
Hello Prem. Thank you for sharing the details.
First of all, you need to check the freeze order copy for specific instructions to freeze your account. The second thing you need to check is if the freeze notice is under Section 91 or 102. You will find this information at the top of the notice. Has any FIR been registered in this matter?
Once you provide this information I will guide you with a future course of action. You can also send me a private message if you do not wish to share details publicly.
Main FIR is under section 154.
Anymore details needed sir ?
Im unable to send you a direct message sir, as you have disabled messages from newbies on this website.
