Legal Question in Criminal Law in India
498A - Locking of bank accounts
Myself and my mother have been booked under 498A R/W 3&4 of DP Act. While we were in jail, police have got all our bank accounts locked including my salary account. Both in the complaint and the FIR nothing was mentioned about our bank accounts. There is no court order also. Probably they might have taken one more statement from my wife under 161 Cr. P. C mentioning my bank account details while we were in jail. But police is not giving me any information. There is no reference about our bank accouints in all the documents that the police have submitted to the court till now. Charge sheet is not yet filed. I want to know whether the police has the jurisdiction to lock my accounts like this, if so will that jurisdiction rule comes under IPC498A or sections 3&4 of DP Act? If police don't have jurisdiction then I will have to book a case against the police. Please let me know under which IPC sections can I book the case and what is the procedure, should I make a private complaint in the court.
5 Answers from Attorneys
Re: 498A - Locking of bank accounts
Find out from the bank the exact order by which account was seized and then consult your lawyer.
Re: 498A - Locking of bank accounts
the police itself cannot lock ur bank accounts unless there is a court order. u need to check that out. whether any court issued an order for locking your accounts.
Re: 498A - Locking of bank accounts
Hello
You need to check whether any court has issued an order to lock your bank accounts.
The Police Department cannot straight away take the action to lock your bank a/c's.
Re: 498A - Locking of bank accounts
Instead of considering a complaint against the police, you may better request your local counsel to file an application in the trial court seeking a direction for release of your bank accounts.
Re: 498A - Locking of bank accounts
No police is having the power to attach the money in bank accounts. If required they can get the information from the bank and approach the court for attaching the same. Banker need not oblige the police orders for attaching the account.
You can get the attachment of account information from the banker under what orders they are acting and file the case against the conserned.
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