How to unfreeze bank accounts after cyber complaint withdrawal?
In April, my mother and I had an argument over property and family issues, after which I left home. Before leaving, I transferred ₹5 lakhs from her account to mine. A week later, she filed a cyber-complaint against me online in anger. In August, after we reconciled, we both visited the Lucknow Cyber Crime Office and submitted separate affidavits requesting withdrawal of the complaint. The officers accepted them but gave no receipt and did not close the case. A few days later, ₹5 lakhs was put on hold in my account, and similar holds were placed on all related accounts, including my mother’s (₹11 lakh). Despite both of us submitting written withdrawal requests, the action continues. Now even my mother’s account is blocked, and we have no access to funds for basic needs. Kindly guide us on how to stop this action immediately and get all accounts unblocked.
Dear Client, since the cyber complaint led to your and your mother’s bank accounts being frozen under Section 102 CrPC, they can only be unfrozen through a written order from the Investigating Officer (IO) or the Magistrate Court. You should both submit a joint written request with your withdrawal affidavits to the Cyber Crime Police Station, Lucknow, asking for a formal “unfreeze” letter to be sent to the concerned banks. If no action is taken within a week, file an application under Section 457 CrPC before the Chief Judicial Magistrate, Lucknow, seeking release of the frozen accounts on the basis of mutual settlement and financial hardship. This is the quickest and most effective legal remedy. I hope this answer helps. For any more queries, do not hesitate to contact us.
- If any persons bank account has been freezed under any law, on the withdrwal of such complaint, the police/bank have unfreeze the accout as per law. - In case such does not happen, the Magistarte of the concerned area/jurisdiction can be apporached with an applic- -ation for defreezing of bank account. - A writ can also be filed in the High Court but after all the meausres have been exhausted and account has been freezed unlawfully or without valid reason. - It is imperative to note here that Banks won't defreeze an account unless police/court/ctyber cell directs them to do so, untill then they are bound by law to freeze the account unless the authority (police/court) who has freezed the account, order the bank to unfreeze it.
You should visit the Cyber Crime Police Station and meet the investigating officer and SP (Cyber Cell) to request unfreeze. If no action is taken, file an application before the Magistrate Court for immediate unfreezing of all bank accounts. For further legal assistance contact us on our helpline number.
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