Your case is complex, involving multiple cybercrime investigations from different states (UP, Telangana, Tamil Nadu) due to transactions through Binance P2P, which is in a legal grey area in India. The core issue here is:
✔ You are a "Layer 2" recipient – meaning, you unknowingly received money from a fraudster who used your Binance P2P trade to liquidate stolen funds into crypto.
✔ The cyber police have put liens on your account – preventing you from accessing your money until they issue an NOC (No Objection Certificate).
✔ Lawyers you consulted are advising to return the money – because the Indian legal system does not provide clear protection for those caught in money trails of financial fraud cases.
1. Can You Legally Fight for Your Money Instead of Returning It?
Yes, you have legal grounds to challenge the lien, but the outcome will depend on how the High Court interprets your case.
✔ Key Legal Argument: You are a bona fide trader, not a fraudster. The police cannot automatically force you to return money without proving that you were complicit in the fraud.
✔ Due Diligence Matters: Since you verified the buyer’s identity, matched the bank details with Binance KYC, and had no knowledge of fraud, you can argue that you are not liable.
✔ Right to Property (Article 300A of the Constitution): The police cannot indefinitely hold your money without a court order or FIR against you.
2. Can You File a Writ Petition in Gujarat Against Multiple Cyber Police Cases?
Yes, you can file a single Writ Petition in Gujarat High Court under Article 226 of the Constitution to:
✔ Challenge the legality of the lien imposed by multiple cybercrime departments in UP, Telangana, and Tamil Nadu.
✔ Seek immediate removal of all liens on your bank account.
✔ Demand clarity from cybercrime authorities on why your money is being blocked when you are not an accused in the fraud.
Since you are an NRI and your permanent residence is Gujarat, the Gujarat High Court can accept jurisdiction over your case, citing:
- Your bank account is maintained in Gujarat
- You are facing financial restrictions due to police actions from different states
- A pan-India cybercrime issue should be consolidated under one legal framework
✅ Next Step: I can draft a Writ Petition challenging all three cybercrime actions and demand either:
1️⃣ Removal of liens, or
2️⃣ A fair legal process before any forced refund is demanded.
3. Will the Court Rule in Your Favor?
Since judges are not well-versed with Binance P2P and crypto transactions, we must focus on strong legal arguments rather than expecting judicial sympathy.
✔ Precedents: Courts have ruled in favor of traders when there is no direct evidence of fraud involvement.
✔ Alternative Approach: If the High Court is reluctant, we can seek a compromise order, where:
- You return the money ONLY IF the fraudster is convicted.
- The government takes Binance’s liability into account, not just individual traders.
✅ Next Step: I will build a solid argument focusing on:
- The lack of evidence against you
- Your due diligence efforts
- Unlawful financial restriction on an NRI without due process
4. Alternative Options If You Want Faster Resolution
If you want to resolve the matter quickly rather than fight a prolonged case, consider:
1️⃣ Negotiating with Cyber Police for a Written Assurance:
- If you return the amount, they must provide an official NOC clearing your name.
- Ensure this is documented in writing to prevent future legal troubles.
2️⃣ Requesting a Settlement Agreement Through Your Bank’s Nodal Officer:
- Some banks coordinate directly with cybercrime units to resolve such issues.
- If your bank is willing to mediate, you might get a partial refund or compensation.
✅ Next Step: If you prefer negotiation, I can draft a formal legal representation to the police and your bank to settle the matter efficiently.
Final Recommendation – Best Course of Action for You
Since you are an NRI and facing multiple liens, I recommend:
✔ Filing a Writ Petition in Gujarat High Court challenging the cybercrime actions from different states.
✔ Simultaneously negotiating with cyber police for a written NOC in case a refund is required.
✔ Ensuring your Binance trading history is well-documented for legal protection in the future.
I can handle all Indian legal procedures on your behalf, ensuring:
- Your bank account is unfrozen legally.
- You do not face false criminal proceedings.
- You get the best possible outcome—either keeping your money or getting a fair refund process.
📞 Call/WhatsApp me at [Nine Five Nine Two Five Zero Zero Zero Six Eight] for immediate assistance.
to start drafting your legal response.
Let's get this resolved quickly before further complications arise.