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2025 DAILYLAW 38174 (RAJ)

VIKAS S/O SHRI SANWAR RAM v. STATE OF RAJASTHAN

CW/15896/2025 · 2025-11-17

Sanjeet Purohit

body2025

Judgment text

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[2025:RJ-JP:46305] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 15896/2025 Vikas S/o Shri Sanwar Ram, Aged About 25 Years, R/o Gangayasar, Tehsil Fatehpur Gangyasar, District Sikar. ----Petitioner Versus 1. State Of Rajasthan, Through Principal Secretary, Department Of Home Government Of Rajasthan, Government Secretariat, Jaipur. 2. HDFC bank branch office, first floor, HM tower, jatiya bazar, kotwali road, sikar through its branch manager. ----Respondents For Petitioner(s) : Mr. Ashir Gauri, Adv. Mr. Jitendra Singh Shekhawat, Adv. For Respondent(s) : Mr. Naman Yadav, Adv. HON'BLE MR. JUSTICE SANJEET PUROHIT Order 17/11/2025 1. The instant writ petition is filed by the petitioner with the following prayer:- “It is therefore, most humbly prayed that your Lordships’ may graciously be pleased to admit and allow this writ petition; call for and examine entire record of the case and a) By an appropriate writ, order and direction in the nature thereof thereby the respondents may kindly be directed to henceforth unfreeze S.B. Account No.50100687374640 with the respondent No.2 Bank b) Any other relief as this Hon’ble Court may deem proper be also passed in favour of the petitioner” 2. Learned counsel for the petitioner submits that the petitioner has not misused his bank account for the purpose of illegal transaction and he 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, [2025:RJ-JP:46305] (2 of 3) [CW-15896/2025] prays that the disputed amount, which has been received in the petitioner’s bank account No.50100687374640 in HDFC Bank, Branch Jatiya Bazar Kotwali Road (Sikar) Rajasthan may be withheld and he may be allowed to operate the bank account, he is facing problem in day to day money transaction. 4. Per contra, learned counsel for the respondent opposed the arguments of the learned counsel for the petitioner. None has appeared on behalf of the respondent-bank in spite of receipt of notice. 5. In view of the submissions made before this Court, the direction is issued to the respondent-bank to de-freeze the saving account No.50100687374640 in HDFC Bank, Branch Jatiya Bazar Kotwali Road (Sikar) Rajasthan. However, the disputed amount or any other amount as intimated by the investigation agency, which has been credited in the petitioner’s account in connection with fraudulent transactions shall remain freezed. It is further made clear that keeping the disputed amount aside the petitioner will be allowed to operate his aforementioned savings account for day to day money transactions. It is further directed that only the disputed amount, which has been alleged to have been credited in the petitioner’s account shall be freezed in the account of the petitioner and he will be allowed to operate his account. 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 [2025:RJ-JP:46305] (3 of 3) [CW-15896/2025] 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, the petition stands disposed of. 8. Stay application and other application(s), if any, stands disposed of. (SANJEET PUROHIT),J AVINASH GULERIA /221