ZUBER ABK FASHION PRIVATE LIMITED v. STATE OF RAJASTHAN
CW/9670/2025 · 2025-09-20
Anoop Kumar Dhand
body2025
DailyLaw.ai
[ 2025 DAILYLAW 22493 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 22493 (RAJ) · dailylaw.ai ]
Judgment text
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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 9670/2025 Zuber Abk Fashion Private Limited, Registered Office At - Near Shiv Mandir, Old Delhi Road, Shahpura, Jaipur Through Its Authorized Representative Mohammad Jishan S/o Babu Khan, Age About 25 Year, R/o House No. 164, Ward No. 8, Handipura, Amer, District Jaipur. ----Petitioner Versus
1. State Of Rajasthan, Through Director General Of Po- lice, Police Directorate, Jaipur, Rajasthan.
2. The Commissioner Of Police, Home Department, Jaipur, Rajasthan.
3. Regional Office, Reserve Bank Of India, Jaipur Region Through Regional Director, Rambagh Circle, Tonk Road, Jaipur.
4. Esaf Small Finance Bank, Through Its Branch Man- ager, Branch Office- Delight Tower- Commercial Of- fice, Govind Marg, B-23, Gurunanakpura, Rajapark, Jaipur.
5. S.H.O. Police Station Thorangal, District Ballari, Kar- nataka.
6. S.H.O., Police Station Sahakar Nagar, District Pune City, Maharashtra. ----Respondents For Petitioner(s) : Mr. Mohammed Anees For Respondent(s) : Mr. Adeet Srivastava Mr. Dinesh Kumar Saini Mr. Sanjay Srivastava JUSTICE ANOOP KUMAR DHAND
Order 20/09/2025
1. The instant writ petition has been filed by the petitioner with the following prayer:-
(2 of 4) [CW-9670/2025]
“i) by appropriate order, writ or direction, respondent no. 4 ESAF Small Finance Bank be directed to un- freezing the current bank account no. 20250000002421 of petitioner firm; ii) by appropriate order, writ or direction, direct the respondents to allow the petitioner firm to operate
its
current
bank
account no.20250000002421 in respondent no. 4 ESAF Small Finance Bank and to allow transactions of running balance of Rs. 15,32,360/-; iii) In alternate, respondent no. 4 bank keep lien of disputed amount Rs. 6,05,000/-to the extent it relates to the offence subject to the outcome of investigation. Keeping such amount under lien, respondent no. 4 bank shall allow the petitioner to operate his bank account & transactions of re- maining undisputed amount Rs. 9,27,360/- in ac- cordance with law, iv) Any other order, writ or direction which this Hon'ble Court deemed just and proper, may also be passed in favour of the petitioner.
2.
Learned counsel for the petitioner submits that the petitioner is seeking direction against the respondent-Bank for defreezing his bank Account No.20250000002421 with the ESAF Small Finance Bank. Counsel submits that the petitioner has no concern whatsoever with any cyber crime committed by anyone, even then his account has been freezed by the respondent-Bank. Counsel submits that the petitioner is ready and willing to co-operate with the investigation and the banking authorities as well, as and when required. 3. Counsels for the respondents oppose the prayer and submits that certain complaints were received about the cyber crime committed and amount deposited in the bank account of the petitioner and that is why, a decision has been taken for freezing the bank account of the petitioner, hence, under these circumstances, interference of this Court is not warranted. (3 of 4) [CW-9670/2025]
4. Heard and considered the submissions made at bar and perused the material available on record. 5. Looking to the fact that no material has been placed on record to show that the petitioner or his account is involved in any sort of cyber crime, but looking to the fact that certain amount was deposited in the account of the petitioner and only on this count alone, his bank account has been freezed, the instant writ petition stands disposed of by issuing direction to the respondent-Bank to de-freeze the bank account of the petitioner bearing No.20250000002421 with the ESAF Small Finance Bank and the petitioner shall be allowed to operate the aforesaid account and make transactions. However, the respondents are directed to freeze the disputed amount only, which is alleged to be involved in the fraudulent transaction(s). 6. It is made clear that the petitioner will co-operate with the bank authorities and investigating agency and will appear before them as and when required. 7. This Court also observes that the petitioner shall not close or discontinue the aforesaid account till the investigating agency and banking authorities permit him to do so. 8. It is further ordered that after investigation, if the involvement of the petitioner is found in any illegal transactions, he shall be liable to pay the amount involved in the aforesaid illegal transactions and will face inquiry/investi- gation in accordance with law. 9.
It is further ordered that the respondent-Bank shall be at liberty to transfer the amount involved in the illegal
(4 of 4) [CW-9670/2025] transaction to the original account from which it was credited to the petitioner's account. 10. The stay application and all pending application(s), if any, also stand disposed of. (ANOOP KUMAR DHAND),J KuD/46