A petition to defreeze the account is to be submitted in the Court of Magistrate where the police has filed case, not in High Court of Telangana as High Court will not entertain any petition when the case is pending in lower Court. You can approach against the order of lower Court if it goes against you. There are many cyber crime police station in Telangana. Exact Court can be suggested only if the police station is known.
My account freezed with telagana state police and not unfreezing despite contacting multiple times
Hi My federal bank account got freezed by telangana cybercrime police and informed that fradulent amount was transferred to my account, so that they debit freezed my account. I received the amount from crypto trade on binance peer to peer. Buyer paid for the crypto and crypto released to the buyer. I have provided all the proofs to telengana investigation officers for the case and visited personally, but they didnt unfreeze the acccount and not provided any solution. I would like to file a petition in the honourable high court, to defreeze my account.
Asked 1 year ago in Criminal Law
Religion: Muslim
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9 Answers
Hello sir Thanks for your reply. The case has been filed in sangareddy district, hathnoora police station, and investigated in sangareddy sp office. Whenever i contact the officials they are telling investigation is going on, will take time. As the account has been kept debit frozen.
Asked 1 year ago
The remedy is to challenge it by filing Writ Petition in the High Court concerned.
Approach court for the same. Police don't unfreeze in once freezed in normal circumstances
You first issue a legal notice to the concerned police and demand them to unfreeze your account.
If they fail to do so, you may file a mandatory injunction suit against them before the civil court and seek the desired relief
If the police are very lethargic or reluctant to move the case any further and if it really aggrieves you then better file a suit for mandatory injunction against the concerned police to unfreeze the account or can file a writ petition before high court seeking direction agaisnt the concerned police to complete the investigation expeditiously and provide you the desired relief.
Dear Client,
To understand the scope of powers that the investigating authorities possess to freeze a bank account, one needs to dive into the source of the power itself. This source can be traced to Section 102 of the Code of Criminal Procedure, 1973 (‘CrPC’).
The purpose of Section 102 of the CrPC is to secure the property which has been or suspected to be stolen or which has a direct nexus with the commission of a crime from being ‘disposed of’ or ‘destroyed’. Such a measure of seizing property including freezing of bank accounts ensures that the court is able to get back the property concerned. Section 102 of the CrPC falls under Chapter VII which deals with the ‘Processes to Compel the Production of Things’.
The most often contravened condition under Section 102 of the CrPC is the requirement to apprise the Magistrate of the seizure of the property. Section 102(3) of the CrPC clearly mandates that “[e]very police officer acting under sub-section (1)shall forthwith report the seizure to the Magistrate having jurisdiction”. The violation of this mandatory condition is what often allows the courts to direct the de-freezing of bank accounts.
Thank You.
Contact any local lawyer for filing writ petition in HC to unfreeze your account
Investigations take time as police are over burdened with cases
- Since, you have already provided the required information and documents to the I.O. of the case , then the police can file a report to the bank.
- Further, if there is no action from the said I.O. then you can send a notice to said police officer and the higher official of the Cyber Crime Cell
- Finally , if there is no fruitful steps by the cyber crime cell , then you can file a Writ before the High Corut for cancelling the FIR/Complaint and to unfreeze the bank account.
