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Can We File Application Under Section 451 & 457 Crpc
11-Jul-2023 (In Criminal Law)
Can We File Application Under Section 451 & 457 Crpc for unfreezing bank account before trail court before filling the chargesheet?
In Madhu.K v. The Sub Inspector of Police, the Kerala High Court held that in case the seizure is illegal and the account freezed lacked direct link with the offences alleged, the legal remedy open to the aggrieved is to approach the concerned Magistrate under Section 451 or 457 of the CrPC as the case may be, and seek to get the account de-freezed.
But if the freezing is per se contrary to the provisions of law and could be assailed as illegal without reference to factual disputes involved in the matter, nothing precludes the affected person from approaching this Court for appropriate relief.
But if the freezing is per se contrary to the provisions of law and could be assailed as illegal without reference to factual disputes involved in the matter, nothing precludes the affected person from approaching this Court for appropriate relief.
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Adv. Kunal Seth
Delhi | 500+ Answers
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HI
Will need to file applications under the relevant laws based on the case. Will need to prove irreparable loss and harm to you / your company in case the assets are frozen. Feel free to get in touch to discuss further.
Regards
Adv. Abhinav Sharma
Will need to file applications under the relevant laws based on the case. Will need to prove irreparable loss and harm to you / your company in case the assets are frozen. Feel free to get in touch to discuss further.
Regards
Adv. Abhinav Sharma
Helpful?
25+
25+
Adv. Abhinav Sharma
Delhi | 500+ Answers
CONTACT NOW
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