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2025 DAILYLAW 40978 (RAJ)

RAKESH SONI S/O SHRI PURAN MAL SONI v. STATE OF RAJASTHAN

CW/15941/2025 · 2025-10-17

Sanjeet Purohit

body2025

Judgment text

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[2025:RJ-JP:42852] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 15941/2025 Rakesh Soni S/o Shri Puran Mal Soni, Aged About 29 Years, R/o Vpo - Khirod, Tehsil Nawalgarh, District Jhunjhunu-333042. ----Petitioner Versus 1. State Of Rajasthan, Through Director General Of Police, Police Director, Jaipur, Rajasthan. 2. The Superintendent Of Police, S.p. Office, District Jhunjhunu. 3. The Station House Officer, Police Station Nawalgarh, District Jhunjhunu. 4. The Station House Officer, Cyber Police Station, District Jhunjhunu. 5. The Investigation Officer, Police Inspector, Cen Crime Police Station, District Mysore, Karnataka. 6. The Branch Manager/nodal Officer, State Bank Of India (S.b.i.) Bank, Branch Basawa, Jhunjhunu-333301 Rajasthan. 7. The Branch Manager/nodal Oficer, Karnataka Bank Limited, Kudige Branch, Somwarpet Taluk, District Kodagu, Karnataka. 8. Suma S.b C/o Devaraja A.s., Aged About 43 Years, R/o 446, 7Th Cross, Nyayaga Badavane, Kergalli Post, Mysore, Karnataka. 9. Om Prakash Soni S/o Shri Puran Mal Soni, Aged About 32 Years, R/o Room No. 117, 35 Fishery Port Road, New Fish Merchant Building, Singhapore. ----Respondents For Petitioner(s) : Mr. Akshat Choudhary For Respondent(s) : Ms. Devakriti Vashishtha for Mr. Bhuwnesh Sharma, AAG HON'BLE MR. JUSTICE SANJEET PUROHIT Order 17/10/2025 1. The instant writ petition is filed by the petitioner with the following prayer:- “It is, therefore, most respectfully prayed to your lordships, may graciously be pleased to accept and allow this writ petition and by way of issuing appropriate writ, order, directions may be given to the respondents to allow petitioner to operation in Saving's account No.61203190687 SBI Branch Basawa district Jhunjhunu IFS Code SBINO.032016. [2025:RJ-JP:42852] (2 of 3) [CW-15941/2025] Pass other order, relief or direction, which this Hon';ble Court deems fit and proper, be passed in favour of the Humble 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, prays that the disputed amount, which has been received in the petitioner’s bank account No.61203190687 SBI Branch Basawa district Jhunjhunu may be freezed but amount, other than 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 problem in day to day money transaction. 4. Per contra, learned counsel for the respondent State 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. 61203190687 of the petitioner in State Bank of India Branch Basawa district Jhunjhunu. However, the disputed amount i.e. Rs.1,76,080/- 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 i.e. Rs.1,76,080/- which has been alleged to have been credited in the petitioner’s account shall be freezed in the account of the petitioner and [2025:RJ-JP:42852] (3 of 3) [CW-15941/2025] he will be allowed to operate his account in connection with fraudulent transactions. 6. It is made clear that the petitioner will be 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, the petition stands disposed of. 8. Stay application and other application(s), if any, stands disposed of. (SANJEET PUROHIT),J TN/