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Amar Shinde (Sr. Executive (Legal))     30 November 2010

Section 457 of Cr.P.C.

Hi All,

I am an Original Complainant in a criminal matter filed in Pune Court. Police has freezed certain bank accounts and other investment portfolios of the Accused which is part of the siphoned amount. I wish to recover this freezed amount from court.

Please advice, whether I can made an application for the recovery of that amount?

Please also advice the process for the same.

Thanks,

Amar Shinde



Learning

 6 Replies

adv. rajeev ( rajoo ) (practicing advocate)     30 November 2010

Still accused guilty is not proved, so even if you filed an application for recovery of money court will reject it.

(Guest)

file a petition under section 451 of  Cr.P.C. with relevant documents to show your claim and urgency needed.  With an undertaking and also if actually money seized  it will be photocopied  and original money will be released on undertaking.  So file proper petiton

1 Like

sanket (Advocate)     03 December 2010

No until the guilt of the accused is established money cannot be withdrawn by you or

accused.


(Guest)

adv. rajeev ( rajoo )

Thanks and again thanks ,You are right.

accused guilty is not proved,so wait for some time thereafter file recovery application.

Amar Shinde (Sr. Executive (Legal))     17 December 2010

Thanks a lot for such useful suggestions friends!!!!!

Amar Shinde (Sr. Executive (Legal))     17 December 2010

The accused will not claim the amont cos he doesnt hv reasonable grounds to prove that he earned such huge amount by lawful means....

If he dont raise any ojection, then will court allow my application??


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