ps (md) 08 April 2010

de freez a/c bank

sir i was booked under false fir under sec 420 406 506 by my partner of my bussness it was civil case but he filed crminal case first and now he filed civil case too and freezed my all a/c of bank sb and cb with help of police

a/c which are freezed are not of partnership firm he false stating that is his money but i have all a/c of that money no charge sheet is filed till now i think they wont also they want me to compromise with him but fact is that i have take money from him

how can un freezed the a/c plz tell me any jugment the bank freezed does not belong to partnership firm all a/c are my a/c saving and my other business plz tell me how to go with case i am true and totally right but this way they are making me to compromise plz guide me i dont want to compromise but i am face lot of financal problem

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5 Replies

Sanjeev Panda (Advocate) 09 April 2010

The police have the power to freeze the bank account under the provisions of Section 102 Cr.P.C. This is settled by the Supreme Court in the case of State of Maharastra Vs. Tapas D. Neogy 1999 (007) SCC in which the Apex Court held that bank account of the accused or any of his relation is 'property' within the meaning of section 102 Cr.P.C. and police officer in course of investigation can seize or prohibit the operation of the said account if such assets have direct links with the commission of the offence for which the police officer is investigating into.

However, you can file an application u/s 457 Cr.P.C. before the magistrate to allow you to operate the freezed bank account and based on the merits of your case, the same may be allowed.

ps (md) 09 April 2010

thanks but how can we go in merits of the case without trial it is now one year still no charge sheet not filed can i show a/c and my income tax return in high court and what more should be need for un freeze the a/c

and what are chance of un freezing a/c

N RAMESH. (Advocate Chennai. Formerly Civil Judge. Mobile.09444261613) 11 April 2010

In STATE OF MAHARASHTRA Vs. TAPAS D. NEOGY ((1999) 7 SCC 685), the supreme court has observed that the Police Officer could issue prohibitory orders from operating the bank account only when the police officer reaches the conclusion that the amount in the bank was the outcome of commission of the offence by
the accused.

Even before filing of charge sheet, you can challenge the freezing of accout either before the same magistrate court in which FIR is pending or before High court under sec.482 to release the account

Sanjeev Panda (Advocate) 12 April 2010

I agree with Mr. N. Ramesh

Dharmesh Manjeshwar (Advocate/Lawyer) 12 April 2010

Mr. N. Ramesh has certainly directed u properly .... U have nothing to loose as of now .... So why don't U try challenging the freezing of ur accounts by the police either before the same magistrate court in which FIR is pending or before the High court under sec. 482 to de freeze ur concerned accounts .... if there are merits to ur defence then probably u'd get what u are wishing for .... so give it a try ........ best of luck ....