Legal Question in Criminal Law in India
498A - My bank accounts have been locked
Myself and my mother have been booked under 498a, arrested and got released on bail. While we were in jail, police have got all our bank accounts locked including my salary account. I want to know whether the police have the power to do so. Then after we were released my wife got an order from court to freeze our accounts using Domestic violence act. Please let me know the police inspector is a relative to my wife. They have done this conspiracy. I want to know whether the police can freeze my accounts and my mother's accounts. Do they have the jurisdiction to do so?
6 Answers from Attorneys
Re: 498A - My bank accounts have been locked
You complaint to the Court if there is no court order for freezing(locking) your Bank a/c
Re: 498A - My bank accounts have been locked
In fact it is important to know the allegations in the FIR. If the complaint is that the moveables of the wife are in the lockers or the money belonging to wife had been deposited in the same account of the husband, then the investigating officer may freeze the account but that also can be to the extent of allegation of amount belonging to the complainant. However, the court has the power to de-freeze the account and/or locker on an application for the purpose.
Re: 498A - My bank accounts have been locked
The police action may depend upon the contents of complaint lodged against you and the material collected by the police during investigation.
You may better consider a compromise to settle the entire dispute out of court.
Re: 498A - My bank accounts have been locked
Your Bank Accounts cant be freezed by any of the authorities unless and untill your wife proves that she has her money in your accounts
OR
Your wife is co-owner then she can freeze.
Re: 498A - My bank accounts have been locked
One need to read the order of the court in this behalf with all the details of the case for expressing about the merits.
Re: 498A - My bank accounts have been locked
neither the police nor the courts have any right to freeze any one's accounts unless the wife has alleged that her own money is deposited in those accounts with a substantial proof. a locker can be frozen provided the wife was a co owner in the same.
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