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2025 DAILYLAW 38427 (RAJ)

SAGAR DAYMA S/O SHANKAR LAL DAYMA v. BANK OF BARODA

CW/11476/2025 · 2025-11-14

Sanjeet Purohit

body2025

Judgment text

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[2025:RJ-JP:45854] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 11476/2025 Sagar Dayma S/o Shankar Lal Dayma, Khatiko Ka Mohalla, Ward No. 16, Dudu, Jaipur, Rajasthan- 303008 ----Petitioner Versus 1. Bank Of Baroda, Through Its Regional Nodal Officer, 1St Floor, Baroda Bhavan, Plot No. 13, Tonk Road, Airport Plaza, Durgapura, Jaipur, Rajasthan 302018 2. Inspector Of Police, Cyber Police Station East Region, Brihan, Mumbai City, Maharashtra. Pin Code 400051 ----Respondents For Petitioner(s) : Mr. Adarsh Singhal For Respondent(s) : HON'BLE MR. JUSTICE SANJEET PUROHIT Order 14/11/2025 1. The instant writ petition has been preferred 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.34608100000105, Bank of Baroda, Jaipur Rajasthan, located in Jaipur, 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 [2025:RJ-JP:45854] (2 of 3) [CW-11476/2025] 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 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, prays that the disputed amount, which has been received in the petitioner’s said bank account, may be withheld and he may be allowed to operate the bank account as he is facing problem in day to day money transaction. 4. In view of the submissions made before this Court, the direction is issued to the respondent-bank to defreeze the said saving account of the petitioner. However, the disputed amount as decided by the respondent - Bank or any other amount as intimated by the investigation agency, which has been credited in the petitioner’s aforesaid saving 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 as decided by the respondent bank, 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. 5. 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 [2025:RJ-JP:45854] (3 of 3) [CW-11476/2025] 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. 6. With the aforesaid observations, the petition stands disposed of. 7. Stay application and other application(s), if any, stands disposed of. (SANJEET PUROHIT),J PAYAL DHAWAN /14