Post
Topic
Board Legal
Re: Solution for Bank Account frozen by Cyber Police due to P2P Trading (India)
by
Kodapraneeth
on 15/11/2022, 09:36:35 UTC
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
Hi sir,
  I am praneeth my bank freezes by account due to intimation by cyber police for a transaction which i did in p2p from binance, and when i went to near by cyber police station with the CFCFRMS(filed by victim who loss money) given by bank there are saying i need to got the area where the complainant is filed but its impossible to me to go there is far ways from my state and my blank blocked my money of 45000rs and my bank is in negative balance, actually i done a p2p transaction of 2 lakhs in which there are saying 45000 rs is a fraud transaction, please need a suggestion.