[2025:RJ-JP:44830] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 16821/2025 Sunesh Kanwar W/o Shivraj Singh, Aged About 43 Years, R/o Village Sewa, Tehsil Deedwana, District Nagaur, Rajasthan- 341303 ----Petitioner Versus 1. State Of Rajasthan, Through The Secretary, Department Of Home Affairs, Government Of Rajasthan, Secretariat, Jaipur- 302005 2. The Superintendent Of Police, Theni, 2G43-R2F, Vadaveeranaickenpatty, Tamil Nadu-625531, Police Station-12 South Street Thenkarai, Periyakalum, District Theni, Tamil Nadu- 625061. 3. Nodal Officer, Ncrp, Theni District, Police Station-12 South Street Thenkarai, Periyakulam, District Theni, Tamil Nadu - 625061 4. Bank Of India, Branch- Kalwar Road Shop No. 17, Jaipur Rajasthan, Through Its Branch Manager, Branch Office At Kalwar Road Shop No. 17, Jaipur, Rajasthan - 302012 ----Respondents For Petitioner(s) : Mr. Ankit Kumar, Adv. with Mr. Hemant Runthla, Adv. For Respondent(s) : Mr. Munvendra Singh Fauzdar, Adv. for Mr. Somitra Chaturvedi, Dy.GC HON'BLE MR. JUSTICE ASHUTOSH KUMAR Order 07/11/2025 1. This petition has been filed seeking following prayer:- "In light of the foregoing facts and circumstances, the Writ Petitioner respectfully prays that this Hon'ble Court be pleased to: a) Issue an appropriate writ, order, or direction quashing the arbitrary, illegal, and mala fide debit freeze imposed on the bank account of the writ petitioner; b) Direct Respondent No. 2 & 3 to furnish the writ petitioner with a copy of the complaint/F.I.R. and [2025:RJ-JP:44830] (2 of 3) [CW-16821/2025] any relevant materials relied upon to justify the excessive measure of freezing the entire account; and direct the respondent number 4 to de-freeze the said bank account bearing account number 745310110000680. c) Direct Respondent No. 2 & 3 to compensate the Petitioner for the financial loss, market credibility loss and reputational damage caused due to the arbitrary freeze imposed by Respondents without following due process by paying litigation costs. d) Pass such other and further reliefs as this Hon'ble Court may deem fit and proper in the interest of justice. " 2. By way of filing this petition, the petitioner is seeking direction against the respondent-Bank for defreezing the Account No. 745310110000680 in Bank Of India, Branch-Kalwar Road Shop No. 17, Jaipur, which belongs to the petitioner. 3. Learned counsel for the petitioner submits that the petitioner has no concern whatsoever with any cyber crime committed by anyone, even then, his entire account has been freezed. Learned counsel further submits that the petitioner is ready and willing to co-operate in the investigation as and when required. 4. Per contra, learned counsel for the respondent No.1 opposes the arguments raised by learned counsel for the petitioner and submits that on instructions from the concerned Police Station, the bank account of the petitioner has been seized, therefore, under these circumstances, the petitioner cannot be allowed to operate his bank account and, thus, the writ petition is liable to be dismissed. 5. Considering the submissions made by learned counsel for the respective parties, the instant Writ Petition is disposed of with the directions to the respondent-Bank to defreeze the bank account of the petitioner bearing No. 745310110000680 in Bank Of India and [2025:RJ-JP:44830] (3 of 3) [CW-16821/2025] the petitioner may be allowed to operate and make transactions from the said bank account. The respondents are further directed to freeze the disputed amount i.e. Rs. 5,000/-, which is allegedly involved in the fraudulent transaction. 6. 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. 7. This Court also observes that the petitioner shall not close or discontinue the aforesaid account till the investigating agency and Bank authorities permit him to do so. 8. It is further ordered that after investigation, if the involvement of the petitioner is found in any illegal transaction, he shall be liable to pay amount involved in the aforesaid illegal transaction and will face inquiry/investigation as per law. 9. It is further ordered that the respondent-Bank shall be at liberty to transfer the amount to the original account from which it was credited to petitioner’s account. 10. With the aforesaid directions, the instant writ petition stands disposed of. The stay application and all other pending applications, if any, also stand disposed of. (ASHUTOSH KUMAR),J Mohita /41