Sealing of office and bank account by police
sumeet sharma
(Querist) 03 February 2015
This query is : Resolved
One of my NRI friends who runs a software company last month a cheating case under IPC 420 was filed by some political back ground people . He was arrested and his bank accts and office has been sealed illegally by the police people.
what is the procedure under CrPc which section that the petition can be made to the magistrate court handling this case and how long it takes . we have also complained to Human rights about this matter .
dr Kumar
kranthi ramana
(Expert) 03 February 2015
You can file a petition under section 482 Cr.P.C in the respective High Court for DE-freezing of your bank account, by pleading appropriate reasons for the same
Dr J C Vashista
(Expert) 04 February 2015
1. Are these two different authors of this query i.e., Mr. Sumeet Sharma and Dr. Kumar?
2. The police shall act on the complaint and arrest the accused and seal the bank accounts/office after investigation when they found substance in the complaint.
3. Still if you (as his friend/well wisher) feel and have proper evidence may move to High court for quashing of the FIR through a local lawyer.
sumeet sharma
(Querist) 04 February 2015
Dear sirs,
thank you for your prompt response there is no substance in the complaint nor any evidence them still they have done to please thier higher ups and some political people.
Mt friend is moving to high court howver immediate issue is opening of acct and office.
pls help . SOS
dr kumar
T. Kalaiselvan, Advocate
(Expert) 04 February 2015
You may proceed as advised by approaching high court for relief and remedy.
c.p.s. ramachary
(Expert) 05 February 2015
There is nothing like seizing the account. It may be freezing of bank account. Sealing applies to properties (other than money) related to criminal offence if any alleged by police.
Sec. 102 Cr.P.C.empowers police officer to seize or freeze i). Any property which may be found under circumstances which create suspicion of the commission of any offence.(ii). If the police officer, is subordinate to the officer in charge of a police station, he shallforthwith report the seizure to that officer. (III) Every police officer acting under sub- section (1)shall forthwith report the seizure to the Magistrate having jurisdiction and where the property seized is such that it cannot be conveniently transported to the Court, he may give custody thereof to any person on his executing a bond undertaking to produce the property before the Court as and when required and to give effect to the further orders of the Court as to the disposal of the same.
If the seizure or freezing of bank account is contrary to law or if there no sufficient grounds for such seizure or freezing the bank account, the same can be got quashed/set aside by High Court u/s.482 of Cr.P.C.
Biswanath Roy
(Expert) 06 February 2015
In absence of the facts in full and alleged offences advice cannot be given.
