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Mubarak   05 April 2022

Bank freeze under crpc 91

Sorry for my bad english
My account got freezed by karnataka police for a transaction linked to a cybercrime which im not part of. i live in kerala. the order copy i got from the bank says the freeze is under sec crpc 91, which is not sustainable in the eyes of law as per Uttarakhand HC's latest judgment.

so my question is in which court should i file a case to get defreezing order.

1. my district consumer court against bank
2. hc in kerala against bank
3. court in karnataka against police



Learning

 5 Replies

Palak batra   06 April 2022

Dear Querist,

 

Sec.91 of crpc talks about the right of court to issue a summon to produce certain documents desirable for the purpose of investigation. 

 

In the case of Mohd Rizwan Ansari vs. State of Uttarakhand & Others it was held that freezing someone’s bank account under sec. 91 of crpc by the investigating officer. Here in this case the petitioner filed the writ of mandamus to defreeze his account. Here the bank account was defreezed but that doesn’t stop the officer from investigating. 

 

One can file a case in the high court against the bank. 

 

Regards,

Palak

1 Like

Mubarak   06 April 2022

i told the bank about the same. but they washed of their hand

i have already approched RBI ombudsman and district consumer court, but the RBI rejected my case by saying that

"Account has been frozen based on instructions from Police authorities, Karnataka as they have initiated proceedings on a complaint. You have also approached consumer dispute redressal forum. Issues pending before other legal forums are outside the purview of Reserve Bank Integrated Ombudsman Scheme 2021."

so im affraid that i moving on the right way,

Advocate Bhartesh goyal (advocate)     06 April 2022

Yes, bank account can not be freezed under sec 91 Cr.P.C  by police, I.O can investigate the matter .you may knock the doors of H.C to defreez the bank account.

1 Like

Mubarak   06 April 2022

Originally posted by : Advocate Bhartesh goyal

Yes, bank account can not be freezed under sec 91 Cr.P.C  by police, I.O can investigate the matter .you may knock the doors of H.C to defreez the bank account.

This may be dumb question but...

1. can i file petion in kerala HC agaisnt bank, or do i need to seek karnataka HC since the order is from karnataka police

2. do i need to close the case in consumer forum before moving to HC ??

P. Venu (Advocate)     10 April 2022

You can approach the Kerala. As to the question of closing the pending matter before consumer foum, your advocate is the best person to advise.

1 Like

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