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2025 DAILYLAW 28791 (RAJ)

HARISH KUMAR S/O BUDHA RAM v. INDUSLND BANK

CW/13309/2025 · 2025-09-18

Anoop Kumar Dhand

body2025

Judgment text

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[2025:RJ-JP:38363] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 13309/2025 Harish Kumar S/o Budha Ram, Aged About 31 Years, Mithriya, Nagaur, Rajasthan - 341503. ----Petitioner Versus 1. Induslnd Bank, Through Its Regional Nodal Officer, Ad- dress- Flat No. 02, Vinayak Residency 11, Giriraj Vihar, Bhairav Nagar, Gandhipath West, Vaishali Nagar, Jaipur 302021. 2. Inspector Of Police, Police Station Narainpur, Bhojpur, Bi- har. Pin Code- 802201. ----Respondents For Petitioner(s) : Mr.Adarsh Singhal with Mr.Ajay Gadhwal & Mr.Kuldeep Devara For Respondent(s) : Mr.Vineet Sharma Ms.Neha Sharma Mr.Megha Sharma for Mr.Bhuwnesh Sharma, AAG Mr.Saumitra Chaturvedi, Dy.GC. JUSTICE ANOOP KUMAR DHAND Order 18/09/2025 1. The instant writ petition has been preferred with the follow- ing prayer: “It is, therefore, humbly prayed that yours Lordship may graciously be pleased to accept and allow this writ petition by by calling the entire record and after perusal of the same:- (i) Issue a writ in the nature of Mandamus or any other appropriate writ, order or direction command- ing the Respondent Bank to immediately unfreeze the current account of the Petitioner bearing Account No.158955369042, held with the IFSC code INDB0002227 belongs to the INDUSLND Bank Ltd, [2025:RJ-JP:38363] (2 of 3) [CW-13309/2025] Flat No. 02, Vinayak Residency 11, Giriraj Vihar, Bhairav Nagar, Gandhipath West, Vaishali Nagar, Jaipur-302021. (ii) Direct the Respondent Bank to provide written reasons for the freezing of the account and any com- munication received from Cyber Crime authorities, if any. (iii) 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.” 2. By way of filing this writ petition, the petitioner is seeking directions against the respondent-Bank for defreezing his account No.158955369042. 3. Learned counsel for the petitioner submits that it appears that certain crime was committed by an accused and a sum of Rs.50,000/- was deposited in the bank account of the petitioner, i.e., 158955369042 and only on this count, the respondent-Bank has freezed the entire account of the petitioner. 4. 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. 5. Counsel for the State-respondent opposed the prayer and 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 [2025:RJ-JP:38363] (3 of 3) [CW-13309/2025] bearing No. 158955369042 at INDUSLND Bank, Gandhipath West Vaishali Nagar, Jaipur, Rajasthan and he may be allowed to operate and make transactions in the said Bank. 7. The respondents are directed to freeze the disputed amount i.e. Rs.50,000/-, 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 Aayush Sharma /87