Advocate Tushar Bhosale

Questions Answered by Advocate Tushar Bhosale

Q: Cyber crime branch lien my 3 lakh rupees in my account idbi bank mumba

How can I received my block amount Cyber crime branch lien my 3 lakh rupees in my account idbi bank mumbaI … let me know how to reply cyber crime branch ………….My name chandrapal singh Times media

Advocate Tushar Bhosale answered
If the Cyber Crime Branch has placed a lien (freeze) of ₹3,00,000 on the bank account, it usually means the account is suspected to be connected with a cyber fraud transaction. The bank blocks the amount based on instructions from the police under investigation.Since your client’s account is in IDBI Bank, the following legal course of action can be advised:1. First Ascertain the Reason for LienThe client should:Visit the branch of IDBI Bank.Ask for written details of the lien such as:Cyber complaint numberName of the police station / Cyber CellDate of lien markingAmount frozenUsually this is done on the instructions of the Indian Cyber Crime Coordination Centre portal complaint or a police investigation.2. File Representation to Cyber Crime BranchSend a written representation to the Cyber Crime Police Station stating:The account holder is a bona-fide person.The amount received is from legitimate business/personal transaction.The account holder has no involvement in any cyber fraud.Request removal of lien / defreezing of the account.Attach:Bank statementKYC documentsProof of transaction (invoice, agreement, etc.)3. If Police Do Not Remove LienTwo legal remedies are available:A. Application before Magistrate File an application before the Jurisdictional Magistrate Court under Section 457 of the Code of Criminal Procedure for release of the frozen amount.B. Writ Petition in High Court File a Writ Petition for De-freezing of Bank Account before the Bombay High Court if the freeze is arbitrary or without proper notice.4. Important Legal PointsPolice cannot freeze the entire account unnecessarily if only a specific amount is under suspicion.The account holder must be given an opportunity to explain the transaction.If the money is legitimate, courts usually order defreezing or partial release

Q: FIR Quashing after c summary filed by police

Divorced for 15 months. Pursis, claim affidavit and consent terms all had 498a withdrawal from the spouse but she did not withdraw. We filed a 482 crpc for quashing. Two summons went unanswered and finally we made a paper publication. After which a c summary was filed, and now the sessions court summons are going unanswered. Can the high court not take cognizance and quash themselves instead of waiting for the lower court to finish of the FIR

Advocate Tushar Bhosale answered
Yes, the High Court has the power to quash criminal proceedings under Section 482 of the Code of Criminal Procedure in appropriate cases to prevent abuse of the process of law and to secure the ends of justice.In your case, since the divorce has already been granted by mutual consent and the pursis, claim affidavit and consent terms clearly record that the spouse agreed to withdraw the complaint under Section 498A of the Indian Penal Code, the continuation of the criminal proceedings despite such settlement may be considered an abuse of the process of law.The High Court, while exercising its inherent jurisdiction under Section 482 CrPC, can quash the FIR even if the complainant does not appear, provided the Court is satisfied that:The matrimonial dispute has been amicably settled.Divorce has already been granted.Consent terms indicate that the complainant had agreed to withdraw the case.Continuation of the proceedings would serve no useful purpose.The Supreme Court of India has in several judgments held that criminal proceedings arising out of matrimonial disputes can be quashed after settlement between the parties, even though the offence under Section 498A IPC is technically non-compoundable.Therefore, you may request the High Court to proceed ex-parte if the complainant continues to remain absent despite service (including publication) and place on record the divorce decree, consent terms, and settlement documents to seek quashing of the FIR.However, the final decision will depend on the satisfaction of the High Court based on the facts and documents placed before it.

Q: Owner absconded with deposit money

I had rented out an apartment in Malad East in July'25 and within 3 months the owner's daughter broke into the apartment (drilled the door from outside) and casted me out. During this period the hitmen who invaded stole my jewellery (approx. 12g of Gold). The owner returned 95000 (Sept'25) and said she will return the rest within a week or so. The owner is now nowhere to be found and 55000 is still pending with her. Kindly seeking advice on how to proceed.

Advocate Tushar Bhosale answered
From the facts stated by you, the act of the owner's daughter forcibly breaking open the door of the rented premises and dispossessing you without following due process of law is illegal. Even a landlord cannot evict a tenant by force without obtaining an order from the competent court. Such conduct may amount to criminal offences including criminal trespass, house-breaking, theft and criminal intimidation under the Indian Penal Code.Further, the alleged theft of your jewellery by persons who entered the premises is also a serious criminal offence. If the owner or her representatives were involved, they may also be held liable for abetment and criminal conspiracy.You may consider taking the following legal steps:File a Police Complaint / FIR for offences such as house-breaking, theft, criminal trespass and illegal dispossession against the owner, her daughter and the persons involved.Send a Legal Notice to the owner demanding payment of the pending amount of ₹55,000 along with compensation for the loss caused.Initiate a Criminal Complaint before the Magistrate if the police fail to take action.File a Civil Suit for Recovery of the pending amount and damages for illegal eviction and loss of jewellery before the appropriate civil court.If you possess any rent agreement, payment proofs, communication with the owner, or proof of the returned ₹95,000, the same will strengthen your case

Q: My right or my son 's right after my brother death .

Ancestral property after death of my father was muted in my mother,my brother,two sisters name. My mother and sisters relinquished their share in favour of we two brothers in 2013 and the mother and elder sister died in 2015 and 2016 . In 2023 the builder developed the property an in consideration myself and my brother got one flat each( being 50% share to each. MY BROTHER divorced his wife 20 to 25 years back, He has one adult daughter from his wife living with her mother.

Advocate Tushar Bhosale answered
Based on the facts stated by you, after the death of your father the property was mutated in the names of your mother, brother and two sisters. Since your mother and sisters executed a relinquishment of their respective shares in the year 2013 in favour of you and your brother, the property legally came to be owned by both brothers.Thereafter, the demise of your mother in 2015 and your elder sister in 2016 does not affect the relinquishment already executed, provided the relinquishment deed was properly executed and registered.When the property was redeveloped in 2023 and both brothers received one flat each (50% share each), the same appears to be legally valid as the rights had already been transferred to both of you in 2013.As regards your brother’s divorced wife, since the divorce took place 20–25 years ago, she cannot claim any right in the property. However, your brother’s daughter, being his legal heir, may have a right to inherit his share in the property only after his lifetime, and not during his lifetime.Therefore, presently the flats received in redevelopment would belong to you and your brother respectively, and no claim can be made by the divorced wife.