[2025:RJ-JP:51009] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 18914/2025 Jitendra Kumar Mahalavat Son Of Mohan Singh Mahalavat, Aged About 42 Years, Resident Of Dishnau, Disnau, Sikar, Rajasthan - 332401 ----Petitioner Versus 1. The Branch Manager, Yes Bank, Sikar Branch Devipura Jaipur Sikar Road, Sikar, District Sikar, Rajasthan. 2. The Station House Officer (Sho), Ponkunnam Police Station, District Kottayam, State Of Kerala. ----Respondents For Petitioner(s) : Mr. Mukesh Dudi For Respondent(s) : Mr. Abhishek Bhandari HON'BLE MR. JUSTICE SANDEEP TANEJA Order 17/12/2025 1. The instant writ petition has been filed by the petitioner with the following prayers:- “a. Declare that the action of the Respondent Bank in freezing the Savings Account No.096550700004431 of the Petitioner, maintained at Yes Bank, Sikar Branch Devipura Jaipur Sikar Road, Sikar, District Sikar, Rajasthan., is arbitrary, illegal, and violative of Articles 14, 19(1)(g), and 300A of the Constitution of India; b. Issue a writ in the nature of Mandamus or any other appropriate writ, order or direction commanding the Respondent Bank to immediately unfreeze the Petitioner’s Savings Account No. 096550700004431 maintained in his personal name with Yes Bank, Sikar Branch Devipura Jaipur Sikar Road, Sikar, District Sikar, Rajasthan – 302039; Direct the Respondent Bank to provide written reasons for the freezing of the account and any communication received from Cyber Crime authorities, if any. c. Award costs of this petition in favour of the Petitioner d. Pass any such other orders as may be deemed just and proper in the facts and circumstances of the case.” [2025:RJ-JP:51009] (2 of 3) [CW-18914/2025] 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.096550700004431 with Yes Bank, Sikar Branch Devipura Jaipur Sikar Road, Sikar, District Sikar, Rajasthan. 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:51009] (3 of 3) [CW-18914/2025] 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 /55