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2025 DAILYLAW 43590 (RAJ)

KRISHN KUMAR PRAJAPATI, S/O MOHAN LAL KHUMAR v. BANDHAN BANK

CW/17270/2025 · 2025-11-13

Sanjeet Purohit

body2025

Judgment text

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[2025:RJ-JP:45731] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 17270/2025 Krishn Kumar Prajapati, S/o Mohan Lal Khumar, Aged About 21 Years, R/o Sundariyawas, Po Jorpura Sundariawas, Dist Jaipur, Rajasthan-303328. ----Petitioner Versus 1. Bandhan Bank, Through Its Regional Nodal Officer, Ad- dress Shop No. 91, 1St Floor, Johri Bazar, Nanak Chowk Thana, Jaipur - 302003. 2. Inspector Of Police, Cyber Crime Police Station, Cyber- abad, Telangana. Pin Code- 500083. 3. Inspector Of Police, Police Station Gautam Budh Nagar,gautam Budh Nagar, Uttar Pradesh. Pin Code- 201301 ----Respondents For Petitioner(s) : Mr. Adarsh Singhal For Respondent(s) : Ms. Devakriti Vashishtha for Mr. Bhuwnesh Sharma, AAG HON'BLE MR. JUSTICE SANJEET PUROHIT Order 13/11/2025 1. The instant writ petition is filed by the petitioner with the fol- lowing prayer:- “(i) Issue a writ in the nature of Mandamus or any other appropriate writ, order or direction command- ing the Respondent Bank to immediately unfreeze the current account of the Petitioner bearing Account No. 20200043954171, Rajasthan. BANDHAN BANK, Rajasthan, (ii) Direct the Respondent Bank to provide written reasons for the freezing of the account and any com- munication received from Cyber Crime authorities, if any. [2025:RJ-JP:45731] (2 of 3) [CW-17270/2025] (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 Peti- tioner. (v) Pass such further or other orders as may be deemed just and proper in the facts and circum- stances of the case. (vi) Any other appropriate order or direction which is deemed just and proper in the facts and circum- stance by 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 trans- action 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.20200043954171 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. 5. In view of the submissions made before this Court, the direc- tion is issued to the respondent-bank to de-freeze the saving ac- count No.20200043954171 of the petitioner in Bandhan Bank. However, the disputed amount which has been credited in the pe- titioner’s account in connection with fraudulent transactions shall [2025:RJ-JP:45731] (3 of 3) [CW-17270/2025] remain freezed. It is further made clear that keeping the disputed amount aside the petitioner will be allowed to operate his afore- mentioned 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 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 in- vestigating agency. It is also made clear that in case, after the in- vestigation, the involvement of the petitioner is found in any ille- gal 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 PAYAL DHAWAN /30