I’m dealing with two issues regarding frozen bank accounts that I need your assistance with: Union Bank Account: My Union Bank savings account has been frozen based on instructions from the National Cybercrime Portal (MHA). After contacting the bank, they responded as follows: "Please refer to your email related to the unfreezing of your bank account. The inconvenience is sincerely regretted. As we have checked your account details, the account has a debit freeze by the National Cybercrime Portal (MHA). We recommend you to submit a police NOC document along with your KYC documents (Photo, Address Proof & Photo ID Proof) to the branch. Please note that charges may apply to unfreeze the account as per the bank’s guidelines. If you are unable to visit your base branch, we request you to contact the below mail ID and contact number." However, no further details were provided as to why the freeze was initiated. Being based in Dubai, I am unable to visit the branch in person and have no clarity on how to request a police NOC without knowing the specific reason for the freeze. SBI Joint Account Issue: My wife and I have a joint savings account with SBI, and a hold of ₹10,000 has been placed on it. The bank stated that this hold is due to the Cyber Cell in Patna. Despite multiple visits by my wife to the branch and speaking with various bank officers, including the service manager and chief manager, no clear explanation or resolution has been provided. Additionally, another hold of ₹23,000 and ₹30,000 has been placed on the account recently without any proper communication. Given these circumstances, I’ve come across multiple similar cases involving the Cyber Cell across various banks. I would appreciate your advice on how to address both matters effectively, and how to approach the Cyber Cell for more information regarding the holds and NOC requests. Thank you for your guidance. Best regards, Javed Khan
Dear Client, To resolve frozen bank account problems, first call the support service of Union Bank to inquire about the reason for the freeze initiated by the National Cybercrime Portal and provide a written answer. As you are in Dubai I will request you to ask the bank for the police NOC form and the procedure of applying it without visiting the branch. In the case of an unresponsive or unhelpful bank, it may help to sent legal notice the referring to the RBI Master Circulars of Customer Service in Banks, and the Banking Ombudsman complaint where needed. In case of the SBI joint account, the next step to take is to report the problem to the bank’s Grievance Redressal Cell while highlighting the efforts made towards seeking redress for the problem in the past. If still unsatisfied then the next step would be to issue a legal notice to asking for a detailed explanation of the holds. Also write an email to Patna Cyber Cell for clarification of the holds citing reference to BNSS section 106 (previously, CrPC Section 102) which permits property attachment during probe. If you get no reply then you may move the Patna High Court under Article 226 of Constitution of India by filing a writ petition. In the case the issue gets complicated it is better to approach a lawyer dealing with banking and cyber legislation for further assistance. Hope this answer is beneficial in resolving your problem.
Dear Sir, You have to get details of FIR etc from National Cybercrime Portal (MHA). then approach local advocate either your self or through power of attorney and get release order from the court as follows: ======================================================== Dear Sir/Madam, Under the following provisions the Hon’ble Magistrate Court having ample powers to unfreeze the Bank accounts. Further, the Hon’ble Court has vast powers to hand over the properties/vehicles seized by the Police and other authorities to the owners of the properties/vehicles. Such interim orders normally will be made within Thirty days of such interim application and on such orders the Police and other authorities are bound to hand over the properties/vehicles to the persons in whose favour such orders are passed. Section 451 in The Code Of Criminal Procedure, 1973 451. Order for custody and disposal of property pending trial in certain cases. When any property is produced before any Criminal Court during any inquiry or trial, the Court may make such order as it thinks fit for the proper custody of such property pending the conclusion of the inquiry or trial, and, if the property is subject to speedy and natural decay, or if it is otherwise expedient so to do, the Court may, after recording such evidence as it thinks necessary, order it to be sold or otherwise disposed of. Explanation.- For the purposes of this section," property" includes- (a) property of any kind or document which is produced before the Court or which is in its custody, (b) any property regarding which an offence appears to have been committed or which appears to have been used for the commission of any offence. 457. Procedure by police upon seizure of property. (1) Whenever the seizure of property by any police officer is reported to a Magistrate under the provisions of this Code, and such property is not produced before a Criminal Court during an inquiry or trial, the Magistrate may make such order as he thinks fit respecting the disposal of such property or the delivery of such property to the person entitled to the possession thereof, or if such person cannot be ascertained, respecting the custody and production of such property. (2) If the person so entitled is known, the Magistrate may order the property to be delivered to him on such conditions (if any) as the Magistrate thinks fit and if such person is unknown, the Magistrate may detain it and shall, in such case, issue a proclamation specifying the articles of which such property consists, and requiring any person who may have a claim thereto, to appear before him and establish his claim within six months from the date of such proclamation. Keeping seized vehicle in open air may harm it; petition for custody of vehicle under Section 457 CrPC allowed • Madhya Pradesh High Court: A Single Judge Bench comprising of Anjuli Palo, J., addressed matter where petitioner was aggrieved by an impugned order passed by Ist Additional Sessions Judge Itarsi in a criminal revision whereby the application under Section 457 CrPC, 1973 was dismissed. The petitioner’s vehicle was seized by the police for crime under Sections 4, 6 and 9 of the M.P. GauvansVadhPratishedhAdhiniyam, 2004 and Section 11 of PashuKoortaAdhiniyam, 1960. This petition was filed under Section 482 of Code praying the release of petitioner’s vehicle by virtue of Section 457 of the Code on grounds that impugned orders seizing petitioner’s vehicle were illegal and arbitrary and the vehicle had been kept in open space which could damage the vehicle. Court relied on the case of Sunderbhai Ambalal Desai v. State of Gujarat, (2002) 10 SCC 290 where it was held that seized vehicle should be released as keeping it in open could cause harm to the vehicle. Therefore, Court set aside the impugned order as a result of which the vehicle’s interim custody was given to petitioner on furnishing of a personal bond.
Regarding frozen bank accounts we require more details, like your HOME BRANCH ADDRESS , Ac. No. , N IFSC CODE. As you are NOT staying in INDIA we request you to send the KYC through a lawyer. They have to provide a valid reason as to why it is frozen. FOR THE OTHER BANK ACCOUNT SBI Joint Account Issue: Share the details with us & we shall get to know from the cyber cell division… we require more details, like your HOME BRANCH ADDRESS , Ac. No. , N IFSC CODE.
