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2025 DAILYLAW 17494 (RAJ)

KALYAN MOTORS v. STATE OF RAJASTHAN

CW/6724/2025 · 2025-05-19

Anoop Kumar Dhand

body2025

Judgment text

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 6724/2025 Kalyan Motors, Through Its Proprietor Prabhu Dayal Pareek Aged About 77 Years Office Of Near Hanging Garden, Jaisinghpura Road, Bhankrota, Dist. Jaipur (Raj.) ----Petitioner Versus 1. State Of Rajasthan, Through Director General Of Police, Police Directorate, Jaipur(Rajasthan). 2. The Commissioner Of Police, Cyber Crime Cell, Police Commissionarte, Khasa Kothi, M.i Road, Jaipur (Rajasthan). 3. Branch Manager/nodal Officer, Icici Bank, Address- Pixcel Tower, Seetabari, Tonk Road, Near Morani Moters, Dist. Jaipur (Rajasthan). ----Respondents For Petitioner(s) : Mr. Bhupendra Pareek For Respondent(s) : Ms. Neha Sharma Mr. Vivaswan Deekshit and Mr. Kartikey Shukla for Mr. Bhuwnesh Sharma, AAG JUSTICE ANOOP KUMAR DHAND Order 19/05/2025 1. The instant writ petition has been preferred with the following prayer: (1) Issue a writ in the nature of Mandamus or any other appropriate writ, order or direction commanding the Respondent Bank to immediately unfreeze the current account of the Petitioner bearing Account No. 720705500043, held with ICICI Bank, Sitabari, Tonk Road, Jaipur. (2) Direct the Respondent Bank to provide written reasons for the freezing of the account (2 of 3) [CW-6724/2025] and any communication received from Cyber Crime authorities, if any. (3) Declare that the action of the Respondent Bank is arbitrary, illegal, and violative of Articles 14, 19(1) (g), and 300A of the Constitution of India. (4) Award costs of this petition in favour of the Petitioner. (5) Pass such further or other orders as may be deemed just and proper in the facts and circumstances of the case. 2. By way of filing this writ petition, the petitioner is seeking directions against the respondent-Bank for defreezing his account No.720705500043. 3. Counsel for the petitioner submits that the petitioner has no concerned whatsoever with any cyber crime committed by anyone, even then his entire account has been freezed. Counsel submits that the petitioner is ready and willing to cooperate in the investigation as and when required. 4. Counsel for the respondents opposed the arguments. 5. Counsel for the respondent-State submitted that several complaints regarding cyber crimes were received in the State of Telangana, West Bengal and Maharashtra, consequently, orders have been passed to freeze the petitioner’s account. 6. In view of the submissions made before this Court, the instant writ petition stands disposed of with directions to the respondent-Bank to defreeze the Bank account of the petitioner bearing No.720705500043 at ICICI Bank, Sitabari, Tonk Road, Jaipur and he may be allowed to operate and make transactions in the said Bank. (3 of 3) [CW-6724/2025] 7. The respondents are directed to freeze the disputed amount i.e. Rs.55,141/-, which is allegedly involved in the fraudulent transaction. 8. It is made clear that the petitioner will co-operate with Bank authorities and investigating agency and will appear before them as and when required. 9. This Court also observes that the petitioner shall not close or discontinue the aforesaid account till the investigating agency and Bank authorities permit him to do so. 10. It is further ordered that after investigation, if the involvement of the petitioner is found in any illegal transaction, he shall be liable to pay amount involved in the aforesaid illegal transaction and will face inquiry/investigation as per law. 11. It is further ordered that the respondent-Bank shall be at liberty to transfer the amount to the original account from which it was credited to petitioner’s account. 12. With the aforesaid observations/directions, the instant writ petition stands disposed of. The stay application and all pending applications, if any, also stand disposed of. (ANOOP KUMAR DHAND),J KuD/39