[2025:RJ-JP:30765] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 10258/2025 M/s PR Traders At Kilgan Bhawan, Rajnota Road, Village Gordhanpura, Tehsil Kotputli, District Kotputli-Behror, Rajasthan Through Its Partner Mr. Pradeep Kumar Yadav. ----Petitioner Versus 1. Union Of India, Through Ministry Of Home Affairs Through Secretary, Address North Block, Secretariat, Raisina Hill, New Delhi- 110001. 2. The Superintendent Of Police, District Budhana (Maharashtra), Chaitanyawadi, Buldhana, Maharashtra 443001. 3. The Station House Officer, Buldhana Cyber Police Station, Chikhali Road Near Devi Stop District Buldhana, Maharashtra 443001. 4. Au Small Finance Bank, Branch- Sikar Road, At Shop No. G1, Arg North Avenue, Sikar Road, Jaipur Rajasthan Through Branch Manager/ Nodal Officer. ----Respondents For Petitioner(s) : Mr. Tushar Panwar For Respondent(s) : Mr. Bhuwnesh Sharam, AAG with Ms. Megha Sharma and Ms. Kavita Shrama Mr. Dikshant Jain Mr. Rakesh Choudhary JUSTICE ANOOP KUMAR DHAND Order 08/08/2025 1. The instant writ petition has been filed by the petitioner with the following prayer:- “i. Issue an appropriate writ, order or direction in the nature of mandamus, directing the Respondents, particularly Respondent Nos. 3 and 4, to forthwith unfreeze and restore operational access to the [2025:RJ-JP:30765] (2 of 4) [CW-10258/2025] petitioner's bank account bearing No. 2221216842201647, IFSC: AUBL0002168, maintained with AU Small Finance Bank, Jaipur; ii. Issue a writ, order or direction declaring that the freezing of the petitioner's bank account without authority or due process of law is illegal, arbitrary, and violative of Articles 14, 19(1)(g), 21 and 300A of the Constitution of India; iii. Direct the Respondents to compensate the petitioner for the loss of business costs around 2.5 crore, and harassment caused due to the illegal and unwarranted freezing of its account; iv. Pass such other and further orders as may be deemed just, fit and proper in the facts and circumstances of the case, in the interest of justice.” 2. Learned counsel for the petitioner submits that the petitioner is seeking direction against the respondent-Bank for defreezing his Bank Account No.2221216842201647 with AU Small Finance Bank, Jaipur. Counsel submits that it appears that certain crime was committed by an accused and a sum of Rs.80,000/- was deposited in the bank account of the petitioner. 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. Counsel for the respondents oppose the prayer and submit that 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 account of the petitioner, hence, under these circumstances, interference of this Court is not warranted. [2025:RJ-JP:30765] (3 of 4) [CW-10258/2025] 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.2221216842201647 with the AU Small Finance Bank, Jaipur 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 i.e. Rs.80,000/-, which is alleged to be involved in the fraudulent transactions. 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. 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. 7. 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/investigation in accordance with law. 8. It is further ordered that the respondent-Bank shall be at liberty to transfer the amount involved in the illegal transaction [2025:RJ-JP:30765] (4 of 4) [CW-10258/2025] to the original account from which it was credited to the petitioner's account. 9. The stay application and all pending application(s), if any, also stand disposed of. (ANOOP KUMAR DHAND),J KuD/15