Extracted from the PDF above. The PDF is authoritative.
[2025:RJ-JP:46170] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 16444/2025 Laxmi Fogat W/o Shyam Lal, Aged About 30 Years, R/o Village Barsinghpura, Tehsil Khandela, District Sikar, Rajasthan. ----Petitioner Versus
1. State Of Rajasthan, Through Principal Secretary, Department Of Home, Secretariat, Jaipur.
2. Station House Officer, Police Station, A- Division, Rajkot, Gujrat, India.
3. Axis Bank Limited, Through Branch Manager, Khandela, District Sikar. ----Respondents For Petitioner(s) : Mr. Dharmendra Fageriya For Respondent(s) : Ms. Devkriti Vashishth for Mr. Bhuwnesh Sharma, AAG 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 this Hon’ble Court may graciously be pleased to accept and allow this writ petition; and further be pleased to direct the respondents to de-freeze the saving account number 923010044167621 with the Respondent Axis Bank, Branch Khandela (Sikar) by marking a lien only to the extent of Rs. 1300/- so allegedly involved in the criminal case. Any other order/ direction/ relief which this Hon’ble Court deems proper in the facts and circumstances of the case may also be passed ion favor of the petitioner along with cost.”
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.
[2025:RJ-JP:46170] (2 of 3) [CW-16444/2025]
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. 923010044167621 in Axis Bank, Branch Khandela (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 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.923010044167621 of the petitioner in Axis Bank, Branch Khandela (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 investigation, the involvement of the petitioner is found in any illegal transaction, the investigating
[2025:RJ-JP:46170] (3 of 3) [CW-16444/2025] 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 RIYA/32