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Senthil kumar   03 October 2023

Can i file case against cybercrime department

My Saving account was blocked by cyber crime department Odisha on 5th of Sept, 2023. They have unfreeze on 28th Sept, 2023.

They mentioned some transaction on 3rd sept,2023 is the reason for my freeze, but there is no such transaction happened. Even my bank not received any information for my account debit block and I tried seeking help form them to release but the said they are helpless. Chennai cyber crime dept gave one CRM and phone number for solutions. That phone number was never answered. I struggled a lot to find the reason for my freeze but no one helped to know or for release. I was tossed between my bank and cyber crime. 
Finally I come to know (9th Sept, 2023) that one of my subordinate's account was also blocked. When I checked, both of them has same CRM. He is not ready to reveal his thing but he informed some online portal issues he will repay and release the account. between us there was no transactions  one time I lend him 20K on 28th Aug, 2023, he repaid that 20K on 31st Aug but he repaid to my current account. 
UBI grievances online I did complaint asking the reason for my account block. They mentioned that cyber crime received an complaint on date of 3rd, sept on some transactions so they blocked three accounts 2 account of my subordinate account and my savings account. I got nothing to do in this in fact there is not transactions with him after 28th Aug. I feel this is not good for honorable government department to freeze my account without any reason and not cared to inform the procedure to unlock. 
I went to Chennai cyber crime and Bangalore cyber crime but no use. I travelled to my home branch but no use. I was frustrated because of this.   



Learning

 15 Replies

T. Kalaiselvan, Advocate (Advocate)     03 October 2023

You can seek  the reasons for the Cyber police to issue instructions to freeze your account through RTI act and then you can file a suit for damages against the cyber crime to spoiling your reputation in the society as well as for the monetary loss you suffered including mental agony

Senthil kumar   03 October 2023

Please find the details in the attachment which I had received via Union Bank Grievances Online.

That information only I received. With that information can we do file case? 

 


Attached File : 988930 20231003141000 grievances online ticket.pdf downloaded: 222 times

T. Kalaiselvan, Advocate (Advocate)     03 October 2023

The details found in the attached post is not sufficient to initiate any action against the cyber crime police

Senthil kumar   03 October 2023

I have applied in RTI asking the reasn for my account freeze with cyber crime. My pervious attachment that particular message from SP cuttack was missing. I have re attached for your reference. 


Attached File : 988930 20231003145752 ticket.pdf downloaded: 214 times

T. Kalaiselvan, Advocate (Advocate)     03 October 2023

You should have posted the reply you received from the concerned authority instead of sending such a lengthy attachment containing various transactions through email correspondences, by which nothing can be understood.

If you are really serious about your issue, you don't adopt such attitude, instead you can come out with the clear facts. 

Senthil kumar   03 October 2023

Yes sure. I can't reply in that portal bcs they have closed the ticket 

That email conversation are all done before that reply, infact that portal post was visible to me only after unfreeze was done.  I shared those info so it would give full details but I was wrong pls excuse. I will wait for rti reply and update .here. Thanks 

Pradipta Nath (Advocate)     03 October 2023

You can invoke the writ jurisdiction against the Cyber Cell of the Govt. if any principle of natural justice or constitutional right has been infringed unreasonably, otherwise not.

T. Kalaiselvan, Advocate (Advocate)     04 October 2023

You may better come out with the facts or the reply you obtained through RTI act and then seek the advise of experts of this forum for proper guidance in furtherance

Sudhir Kumar, Advocate (Advocate)     04 October 2023

Agreeing with Mr kalaiselvan, I would add that nothing prevented you from posting all relevant facts in one go instead of playing hide and seek with experts (who are giving charitable advise in their own time using their own net pack and electricity)

 

Then nobody has time to read sucha long thinlu printed e-mails.

 

All that is understood that your account was put on hold and has been released.  For seeking any damages or criminal action you should be able to prove malafide/negligence in the process. 

Senthil kumar   04 October 2023

I appreciate your time and advice sir. I never intented paly hide and seek with experts. How can I exploit this kind of valuable service.

The attachments i did for only for better understanding I already apologised for that. Just for seeking justice and advice I messaged in this forum. The cyber crime blocked my account for no reason. As per this forum rules I should not post the information here so I tried attaching I never ever intended to play any hide and seek. 

Already as adviced by Mr. Kalaisevan I had inquired with RTI seeking the clarification for my freeze. 
I Highly respect and appreciate this forum to provide valauable service for people like us from the experts like you. 

Senthil kumar   20 October 2023

Hi Sir, I had received the reply form RTI, attached for your reference. As per my understanding, they again informed me to check with the state cybercrime. The state cybercrime department never responded, even when my account was frozen. Please advise on how to proceed. Thanks


Attached File : 988930 20231020121657 replydocument.pdf downloaded: 93 times

Munish Goyal   29 October 2023

please collect information first from the bank manager  regrading the complaint number and concerned cyber police station and disputed transaction and its amount then you can contact. i will surely help you.  

Regards

Munish Goyal & Associate Lawyers
Munish Goyal Advocate
Cyber Crime Cases Expert

1 Like

LCI Thought Leader Rajesh Tandon ( Col (Retd))     06 December 2023

The increasing problem faced by Indian businesses and companies is the freezing of bank accounts by investigating authorities in a mechanical manner. These actions often rely on mere allegations or suspicions of tainted funds being deposited by accused individuals or suspects involved in questionable financial dealings into the accounts of a legitimate party, without requiring the accused's involvement in the offense or even mention in the First Information Report.

To comprehend the extent of the investigating authorities' power to freeze bank accounts, one must delve into the source of this authority, which can be traced back to Section 102 of the Code of Criminal Procedure, 1973 (CrPC). There are several remedies available:

Before the Investigating Authority: Section 102(3) of the CrPC allows the investigating authority to decide whether to return seized property, including frozen bank accounts, during the investigation.

This decision depends on whether the continued retention of the property is necessary for the investigation and may be conditional upon the person executing a bond undertaking to produce the property in court when required. The aggrieved party must cooperate with the investigating authority and provide supporting evidence to seek this remedy.

Before the Magistrate: If the Investigating Authority does not provide relief, parties can approach the relevant Magistrate under either Section 451 or Section 457 of the CrPC, both of which allow for the release of seized property in certain circumstances:

a. Section 451: This section empowers the Magistrate to order the release of frozen bank accounts if the party executes a bond for the amount in question before the Magistrate and agrees to produce the funds as directed by the Magistrate. The party must file an application before the Magistrate, providing all necessary information and documentation to support their claim.

b. Section 457: Under this section, the Magistrate can deliver the seized property, including frozen bank accounts, to the rightful owner. An application made under Section 457 of the CrPC is maintainable for the release of a frozen bank account. Like Section 451, the aggrieved party must file an application and provide supporting information and documentation.

Before the High Court: If the Magistrate does not grant relief, another option available to aggrieved parties is to invoke the writ jurisdiction of the High Courts. The party can allege that the seizure of their bank account violates their right to livelihood under Article 21 of the Constitution or is arbitrary and a violation of Article 14.

1 Like

adv.raghavan (Advocate,9444674980)     13 October 2024

I hope you would have complained to police authorities, and follow up on the case if there is no remedy then approach the high court, in a catena of cases the Hon.Madras High Court had rendered judgment against the unjust freezing of accounts.


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