To de freeze your account you need NOC from cyber cell
2)2) if crime branch refuses to de freeze your account you need to contact a local lawyer to obtain court orders for Dee freezing your account
Open Bank Account after Bail
Hello, I was arrested in cyber crime and got bail after charge sheet 7 days before and they ceased my all accounts i want to know the process how to open them and my u/s are 420/419/66D(IT)/66C(IT), My doubts are- 1- Will my accounts only open when case is over. 2-Do i need to wait for my next hearing date which is 16-dec-2020 for account opening application date or is there any way to open account before my first hearing. Please guide the best way to open account asap. Thank you
Asked 5 years ago in Criminal Law
Religion: Hindu
14 Answers
1. 1. If the Police has seized your account and as the investigation is already completed then you can apply for de freezing the account.
2. To apply for such permission from court you do not need to wait till the next scheduled date and by filing a ' Put Up' petition you can seek such permission.
3. However to open a fresh account you do not require any permission.
Hi
1) You can apply to the criminal court asking the court to direct de-freezing the account by making an application u/s 457 of cr.p.c
2) You can always move an out of order petition before the criminal court and ask for hearing your application u/s 457 Cr.P.C within 6/7 days from the date of you making an application with notice to other side.
Hope this information is useful
1. Yes, if you are acquitted.
2. You can apply now to open accounts.
1. You can apply for its Defreezing after chargesheet. Court may allow it.
2. You can open only with court permission
Police has all the power to freeze bank accounts, used in commission of any crime. You have to file application before the magistrate to permit you to use the account. Application will file under the provisions of CrPC.
No need to wait till disposal of case. Only after order grant by court, account can be operative.
You should have objected for such long date. Argument on account opening application held in 2 3 days only.
- As per Section 457 of CrPc, 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 properly to the person entitled to the possession thereof, or if such person cannot be ascertained, respecting the custody and production of such property.
- Further , 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.
1. Since , your account has been freezed by the Cyber Cell for investigation of the offence , then without getting order from the court , you cannot use that account legally.
- Hence, you can move an application before the court, to allow you to use that court , and to activate the said account.
2. Yes.
1. The bank accounts will remain frozen until the investigating authorities or court passes an order in this regard.
2. You may read the above answer
1. You need to make an application for unfreezing of bank accounts before sessions court of New Delhi.
2. Account can be unfreezed before disposal of case.
You may make an application before the court of law for lifting of freezing of accounts on the grounds of funds belongs to you and is your hard earned money.
1. You may file petition before high court seeking direction to unfreeze your account pending the case as it may take years to settle.
2. You may file application to prepone the hearing date citing your difficulty and requirement for finances.
1. there should be FIR against with cyber crime police under various charges.
2. only after looking at the complaint and FIR, i would able to find the grounds to unfreeze the account.
3. pls discuss with cyber crime lawyer
It depends upon what were the amounts transacted and if these accounts were involved then they will be ceased until the case is closed as the allegations must be of cheating and forgery and hence money came to this account.
You may file an application for accounts to be defreezed before the appropriate court before the date of hearing.
Dear Sir/Madam,
It is suggested that you submit an application in the court that your bank accounts be defreezed and you be allowed to operate those accounts.
