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2025 DAILYLAW 41423 (RAJ)

KISHAN SINGH CHOUHAN S/O GIRDHARI SINGH CHOUHAN v. STATE OF RAJASTHAN

CW/15435/2025 · 2025-10-17

Sanjeet Purohit

body2025

Judgment text

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[2025:RJ-JP:42870] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 15435/2025 Kishan Singh Chouhan S/o Girdhari Singh Chouhan, Aged About 36 Years, R/o 205 Meena Pada Bara Mori Purani Basti Tripolia Bazar, Jaipur Rajasthan -302002 ----Petitioner Versus 1. State Of Rajasthan, Through Director General Of Police, Police Head Quarter Lal Kothi Jaipur Rajasthan. 2. The State House Officer, Makarpura Vadodara Gujarat. 3. The Superintendent Of Police, Home Department Badodara Gujarat. 4. The Commissionerate Cyber Crime, Vadodara Gujarat. 5. The Branch Manager/nodal Officer Of Indusind Bank, Branch Johari Bazar, Jaipur. ----Respondents For Petitioner(s) : Mr. Tarun Kumar, Mr. Aryan Verma For Respondent(s) : 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 prayed that this writ petition may be allowed and accepted and appropriate writ, order, directions may be given to respondents to allow operation in above aforesaid saving Account 258854850542 in IndusInd Bank Branch Johari Bazar, Jaipur by keeping freezed/lien marked disputed amount of rupee's 8,000/- only and defreezed account number 258854850542 at IndusInd Bank Branch at Johri Bazar Jaipur. Any other relief, which lordship may deem just and proper in these facts and circumstances may also be granted in favour of petitioner. ” [2025:RJ-JP:42870] (2 of 3) [CW-15435/2025] 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. Account 258854850542 in IndusInd Bank Branch Johari Bazar, Jaipur may be freezed but amount, other than disputed amount, may be permitted to be withdrawn by the petitioner as on account of freezing of the bank account of the petitioner, he is facing problem in day to day money transaction. 4.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. 258854850542 of the petitioner in IndusInd Bank Branch Johari Bazar, Jaipur. However, the disputed amount i.e. Rs.8,000/ 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.8,000/ 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 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 [2025:RJ-JP:42870] (3 of 3) [CW-15435/2025] 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/92