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2025 DAILYLAW 44477 (RAJ)

ROSHAN LAL SAINI S/O HEERA LAL SAINI v. STATE OF RAJASTHAN

CW/14517/2025 · 2025-12-18

Sandeep Taneja

body2025

Judgment text

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[2025:RJ-JP:51196] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 14517/2025 Roshan Lal Saini S/o Heera Lal Saini, Aged About 39 Years, R/o 384, Tagore Nagar, Heerapura Ward No. 3, Jaipur, Rajasthan, 302019. ----Petitioner Versus 1. State Of Rajasthan, Through Director General Of Police, Police Directorate, Jaipur, Rajasthan. 2. The Commissioner Of Police, Cyber Crime Cell, Police Commissionerate, Jaipur, Rajasthan. 3. State Bank Of India, Shivgyan Enclave, Nirman Nagar, Jaipur, Rajasthan-302019, Through Its Branch Manager. ----Respondents For Petitioner(s) : Mr. Honey Saini For Respondent(s) : Ms. Anita Aggarwal with Mr. Laxmi Kant Ms. Devakriti Vashishtha with Ms. Bhagyashree Jain for Mr. Bhuwnesh Sharma, AAG HON'BLE MR. JUSTICE SANDEEP TANEJA Order 18/12/2025 1. The instant writ petition has been filed by the petitioner with the following prayers:- “1. By an appropriate writ order or direction respondent may kindly be directed to forthwith unfreeze the petitioner's bank account, bearing Account No. 51111515405 maintained with the S.B.I Bank, Nirman Nagar Branch, Jaipur, Rajasthan - 302019. 2. By an appropriate writ order or direction respondent may kindly be directed to not freeze the entire bank account of the petitioner in future without prior notice. 3. By an appropriate writ, order or direction, declare the action of the Respondent in freezing the aforesaid bank account of the petitioner is illegal, Arbitrary and unconstitutional. 4. Any other appropriate writ, order or direction to the respondents, which this Hon'ble court deems just, and proper in the circumstances of the case. Cost of the writ petition.” [2025:RJ-JP:51196] (2 of 3) [CW-14517/2025] 2. Learned counsel for the petitioner submits that the petitioner has not been involved in any cyber fraud activity, and that his entire account has been freezed by the Bank authorities on account of receiving an amount allegedly being part of cyber fraud transactions. He further submits that the petitioner is ready and willing to co-operate with the investigation and the bank authorities as and when required. 3. Learned counsel for the respondent - Bank submits that account of the petitioner has been freezed in compliance with the direction of Investigating Officer regarding complaints of cyber crime committed and alleged disputed amount deposited in the bank account of the petitioner. 4. In view of the above facts and circumstances of the case, the instant writ petition is disposed of by issuing direction to the respondent - Bank to de-freeze the bank account of the petitioner bearing No.51111515405 with the State Bank of India, Nirman Nagar Branch, Jaipur, Rajasthan - 302019. However, the respondents are directed to freeze the disputed amount only, which is alleged to have been credited in the aforesaid account of the petitioner in connection with the fraudulent transactions. The petitioner shall be allowed to operate the aforesaid bank account and make transactions for the balance amount. 5. It is further made clear that in case, the respondent – Bank has not received the information regarding the exact figure of the disputed amount, which the Investigating Officer / Police alleges to be genesis of the offence, the Bank shall send a communication [2025:RJ-JP:51196] (3 of 3) [CW-14517/2025] to the concerned Investigating Officer / Police, to indicate the amount to be earmarked for lien. 6. Upon receipt of such communication / letter, the concerned Investigating Officer / Police shall be under an obligation to apprise the respondent – Bank about the amount to be kept in lien, within a period of seven days of receiving the communication from the respondent – Bank. The concerned bank shall thereafter do the needful as directed hereinabove. 7. It is made clear that the petitioner will co-operate with the bank authorities and Investigating Agency and will appear before them as and when required. 8. This Court also observes that the petitioner shall not close or discontinue the aforesaid account till the Investigating Agency and banking authorities permit him / her to do so. 9. It is further ordered that after investigation, if the involvement of the petitioner is found in any illegal transactions, he / she shall be liable to pay the amount involved in the aforesaid illegal transactions and will face inquiry / investigation in accordance with law. 10. The stay application and all pending application(s), if any, also stand disposed of. (SANDEEP TANEJA),J SAHIL SONI /23