MOHAMMED NAZAM ALI S/O GULAM HUSSAIN v. AU SMALL FINANCE BANK
CW/17246/2025 · 2025-11-14
Sanjeet Purohit
body2025
DailyLaw.ai
[ 2025 DAILYLAW 36897 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 36897 (RAJ) · dailylaw.ai ]
Judgment text
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[2025:RJ-JP:45831] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 17246/2025 Mohammed Nazam Ali S/o Gulam Hussain, Aged About 62 Years, R/o Ward No. 22, Bakra Road, Jhunjhunu, Jhunjhunu, Rajasthan- 333001 ----Petitioner Versus
1. Au Small Finance Bank, Through its Regional Nodal Officer, Address Plot No. 1 And 2, Tonk Road, Jai Jawan Colony, Jaipur, Rajasthan 302018, India.
2. Inspector of Police, Police Station Amb, Una, Himachal Pradesh. ----Respondents For Petitioner(s) : Mr. Adarsh Singhal For Respondent(s) : Mr. Dikshant Jain for Mr. Alok Jain HON'BLE MR. JUSTICE SANJEET PUROHIT
Order 14/11/2025
1. The instant writ petition is filed by the petitioner with the following prayer:-
“i) 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.2401218463965194, AU SMALL FINANCE BANK, Rajasthan, Rajasthan. ii) Direct the Respondent Bank to provide written reasons for the freezing of the account and any communication 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. (iv) Award costs of this petition in favour of the Petitioner. (v) Pass such further or other orders as may be deemed just and proper in the facts and circumstances of the case. (vi) Any other appropriate order or direction which is deemed just and proper in the facts and circumstance by this Hon’ble Court may also be passed in favour of the petitioner’s committee.”
2.
Learned counsel for the petitioner submits that the petitioner has not misused his bank account for the purpose of illegal transaction and has not committed any Cyber Crime.
3.
Learned counsel for the petitioner submits that the petitioner is ready to cooperate with the Investigating Agency. He, therefore, prays
[2025:RJ-JP:45831] (2 of 2) [CW-17246/2025] that the disputed amount which has been received in the petitioner’s Bank Account No. 2401218463965194 may be freezed but the amount, other than the disputed amount, may be permitted to be withdrawn by the petitioner as on account of freezing of the bank account of the petitioner, he is facing problems in day to day money transactions.
4. Per contra, learned counsel for the respondent - Bank has not opposed the arguments made by learned counsel for the petitioner.
5. In view of the submissions made before this Court, it is directed to the respondent - Bank to de-freeze the Savings Bank Account No. 2401218463965194 of the petitioner in AU Small Finance Bank. However, the disputed amount which has been alleged to have been credited in the petitioner’s bank account in connection with fraudulent transaction shall remain freezed in the account of the petitioner and he will be allowed to operate his account aforementioned savings bank account for day to day money transactions.
6. It is made clear that the petitioner will cooperate with the Investigating Officer and he will appear before Investigating Agency as and when required. It is also ordered that the petitioner shall not close or discontinue his above mentioned bank account with the respondent - Bank till the investigation is completed by the Investigating Agency. It is also made clear that in case, after the investigation, the involvement of the petitioner is found in any illegal transaction, the Investigating Agency would be free to proceed against the petitioner in accordance with law.
7. With the aforesaid observations, writ petition stands disposed of.
8. Pending application(s), if any, also stands disposed of.
(SANJEET PUROHIT),J SAHIL SONI /206