- The High Court of Madras held that police have no jurisdiction to freeze bank accounts while summons are being issued under Section 91 of CrPC.
- When summons are issued under that section, the investigating officer can only summon a person to produce documents and other things.
- Justice G.K. Ilanthiraiyan observed that the Inspector of Police, Cyber Crime, the first respondent has no jurisdiction. The summons issued under Section 91 CrPC enables an investigation officer to summon the person to produce the document and other things but cannot freeze any accounts.
- He clarified that the first respondent that is the Inspector of Police, Cyber Crime has no jurisdiction. In the summons issued under Section 91 of Cr.P.C., the investigation officer summons the person to produce the document or other things. On the summons issued under Section 91 of Cr.P.C., account cannot be freezed.
- The court also observed that the police failed to inform the jurisdictional Magistrate under Section 102 (3) of CrPC about freezing the account.
- The original complainant was cheated by an anonymous person through WhatsApp when he was offered a part-time job at Flipkart.
- He followed the instructions of the anonymous person who directed him towards a link to open a bank account. To secure the job, he had to pay in installments a sum of Rs.5,58,749.
- The petitioner was engaged in cryptocurrency trading on different exchanges. He received an order of purchase worth Rs.89,000 and released the crypto currency within 15 days.
- The respondents directed the bank authorities to freeze the petitioner’s account alleging on the ground that the fraudulently collected money was used to make a purchase and that he was engaged in similar crimes.
- The petitioners’ line of contention was that he was not the main accused in the alleged crime and only during the investigation were the details of the bank transfer bought to light.
- Since the petitioner admitted to placing a purchase of crypto currency worth Rs.89,000, the court directed the petitioner to deposit the same as a fixed deposit in favor of the crime.
- The court ordered the respondents to permit the petitioner to use his bank accounts and release them from the freeze.
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