https://www.advocatepmmodi.in/service/cyber-crime-lawyer-in-ahmedabad/
What are the steps has to be taken for unfreezing the bank account, Know the Process
1) First of all the account holder should go to his bank and approach the branch manager or nodal officer in person or by giving an application in writing or by email “By which authority has this bank account been frozen or held or lien? Has the bank received any such letter or notice or email? Such inquiry should be made and a copy of such letter or notice or email should be obtained and a request should be made to obtain such copy.
2) Or by going to the nearest cybercrime police station and giving your bank account number, through the central cybercrime portal, we should know from which state, which city, from which police station such a complaint has been made regarding the suspicious transaction in your bank account.
3) Then at which layer is your bank account frozen? Who is the plaintiff? Their mobile number should be known as well as the contact number and email id of the investigating officer of that police station. You will get such information only from your bank or nearest police station.
4) Then the account holder should submit his/her last 3 months bank statement, complaint letter from bank and nearest police station, proof of his employment or business or profession, identity card, PAN card, Aadhaar card, election card, employment proof like I- Card, job letter, business certificate or license, 4-5 photos from inside and outside the shop, GST certificate, 4 photos of account holder, KYC documents and from which account has such suspicious amount come? The police station where the complaint has been filed should be taken to the police station with the information of such user or screen shot etc. of the online game played by him or the transaction done on his withdrawal or crypto trading app or chatting or financial transaction on any such application or betting app or investment app or any such application.
5) You have to go to the police station of that complainant and deposit such documents and take the received copy thereof and return the suspect amount to such complainant when the station officer calls such complainant to the police station, so that the complainant will give his written statement to the police for unfreezing your bank account.
6) The police will then prepare a report and send a copy to the department of their various superiors and then the responsible superior police officer will approve your application and order his subordinate department, who will email the nodal officer of the bank to un-freeze your bank account.
7) All these processes are done from the police station i.e. single direction in some states and in some states first by the police station officer and then from the cyber head quarter of that state in two step double direction.
The process of freezing a bank account by the cyber cell police generally involves several steps and layers of legal and procedural actions. Here’s an overview of the typical layers involved:
1. Complaint and Investigation:
– Filing of Complaint: A victim files a complaint regarding a cyber fraud or related criminal activity.
– Preliminary Investigation: The cyber cell conducts an initial investigation to verify the complaint and gather preliminary evidence.
2. Evidence Collection:
– Data Collection: Gathering digital evidence, including transaction details, communication records, and other relevant information.
– Tracing Transactions: Tracing the flow of money to identify the involved bank accounts.
3. Legal Procedures:
– Filing FIR: An FIR (First Information Report) is lodged if sufficient grounds are found.
– Court Order: The cyber cell seeks a court order to freeze the identified bank accounts. This involves presenting the collected evidence to a magistrate or judge.
4. Coordination with Banks:
– Notification to Bank: Once the court order is obtained, the cyber cell sends the freeze order to the concerned bank(s).
– Bank Compliance: The bank verifies the order and freezes the account, preventing any further transactions.
5. Investigation Continuation:
– Detailed Investigation: The cyber cell continues its detailed investigation, possibly involving other accounts and individuals.
– Further Legal Actions: Based on the findings, additional legal actions such as arrests, charges, and prosecution may follow.
6. Unfreezing the Account:
– Resolution: If the investigation concludes in favor of the account holder, the freeze may be lifted.
– Court Order for Unfreeze: A court order is typically required to unfreeze the account.
These layers ensure a systematic and legally compliant approach to freezing bank accounts in cybercrime investigations.
source
