PREMCHAND POONIA S/O CHUNNI LAL POONIA v. BANK OF BARODA
CW/17247/2025 · 2025-11-13
Sanjeet Purohit
body2025
DailyLaw.ai
[ 2025 DAILYLAW 48790 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 48790 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
[2025:RJ-JP:45719] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 17247/2025 Premchand Poonia S/o Chunni Lal Poonia, Aged About 42 Years, 1199/5, Uniyarahouse, Uniyaron Ka Rasta, Chandpole Bazar, Jaipur, Jaipur G.p.o, Rajasthan-302001. ----Petitioner Versus
1. Bank Of Baroda, Through Its Regional Nodal Officer, Address Zonal Office, 6Th Floor Baroda Bhawa, Plot No. 13, Airport Plaza, Durgapura, Tonk Road, Jaipur, Rajasthan 302018.
2. Inspector Of Police, Cyber Crime Economic Offences Updcuttack, Upd, Cuttack, Odisha, Pin Code- 754021. ----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. Instant Civil Writ Petition has been filed by the petitioner for following prayer:-
“(i) Issue a writ in the nature of Mandamus or any other appropriate writ, order or direction commanding the Respondent Bank to immediately unfreeze the current account of the Petitioner bearing Account No.
14630100009695, BANK OF BARODA, Rajasthan. (ii) Direct the Respondent Bank to provide written reasons for the freezing of the account and any communication received from Cyber Crime authorities, if any. (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.
[2025:RJ-JP:45719] (2 of 3) [CW-17247/2025] (iv) Award costs of this petition in favour of the Petitioner. (v) Pass such further or other orders as may be deemed just and proper in the facts and circumstances of the case. (vi) Any other appropriate order or direction which is deemed just and proper in the facts and circumstance 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 is a parking staff and just because of receipt of Rs.20/- as parking charges, the same being shown as a disputed amount and petitioner’s account has been frozen by the respondent Bank.
3. Having considered the facts and circumstances of the case, this Court deems it just and proper to dispose of this writ petition with a direction to the Respondent No.1 Bank of Baroda, Jaipur, to keep the disputed amount (the amount which was transferred illegally in the bank account of the petitioner) frozen and allow the petitioner to make transactions from his bank account from the remaining balance.
4. 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 to the concerned Investigating Officer/Police, to indicate the amount to be earmarked for lien, while endorsing a copy of the instant
order.
5. 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
[2025:RJ-JP:45719] (3 of 3) [CW-17247/2025] respondent - Bank. The respondent bank shall thereafter do the needful as directed herein above.
6. It is further made clear that in case, the respondent-Bank does not receive any reply from the concerned Investigating Officer/Police, then it shall be duty bound to act in accordance with the instant order.
7. Stay petition as well as all pending application, if any, stand
disposed of.
(SANJEET PUROHIT),J PAYAL DHAWAN /27