Research › Search › Judgment

High Court of Rajasthan · body

2025 DAILYLAW 37687 (RAJ)

ANKIT MODI S/O RAJESH KUMAR MODI v. RESERVE BANK OF INDIA

CW/14046/2025 · 2025-09-20

Anoop Kumar Dhand

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 14046/2025 Ankit Modi S/o Rajesh Kumar Modi, Aged About 35 Years, R/o Khandelwal Dharmshala Ke Samne Jurehra Tehsil Jurehra, District Deeg (Raj.). ----Petitioner Versus 1. Reserve Bank Of India, Rambagh Circle, Tonk Road, Jaipur- 302004 Through Its Regional Director. 2. ICICI Bank, Through Its Branch Manager, Branch-A-9 Station Road, Jhunjhunu, Tehsil- Jhunjhunu, District Jhunjhunu (Raj.) 3. The Cyber Cell Officer, Police Station, Kolkata, West Bengal. ----Respondents For Petitioner(s) : Mr. Sidharth Jain with Mr. Umang Jain For Respondent(s) : Mr. Vikram Singh for Ms. Suruchi Kasliwal JUSTICE ANOOP KUMAR DHAND Order 20/09/2025 1. The instant writ petition has been filed by the petitioner with the following prayer:- “1. Direct the respondents to immediately unfreeze the Petitioner bank account, bearing Account No.158001524758 maintained with Respondent No.2- ICICI Bank, IFSC Cose: ICIC0006715; 2. Declare 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), and 21 of the Constitution of India; 3. Pass any other appropriate order or direction which this Hon’ble Court may deem just and proper in the facts and circumstances of the present case, in the interest of justice. (2 of 3) [CW-14046/2025] 2. Learned counsel for the petitioner submits that the petitioner is seeking direction against the respondent-Bank for defreezing his bank Account No.158001524758 with the ICICI 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. Counsel for the respondent-Bank opposes the prayer and submits 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 bank account of the petitioner, hence, under these circumstances, interference of this Court is not warranted. 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.158001524758 with the ICICI Bank and the petitioner shall be allowed to operate the aforesaid account and make transactions. However, the respondents are (3 of 3) [CW-14046/2025] 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/investigation 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 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/48