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2025 DAILYLAW 49582 (RAJ)

LAKSHMI AGRAWAL W/O VIKAS AGRAWAL v. ICICI BANK

CW/13844/2025 · 2025-10-29

Ashutosh Kumar

body2025

Judgment text

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[2025:RJ-JP:43393] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 13844/2025 Lakshmi Agrawal W/o Vikas Agrawal, aged about 44 years, Residence Of A-10, Jai Jawan Colony- 1St, Tonk Road, Jaipur, Rajasthan- 302018. ----Petitioner Versus 1. ICICI Bank, Branch- A.R.S. Durgapura At Agr. Research Station, Tonk Road, Durgapura, Jaipur, 302015 Through Bank Manager/Nodal Officer. 2. Inspector Of Police, Police Station Jamuria, Churulia Road, Jamuria, Asansol, West Bengal. Pin Code - 713336. ----Respondents For Petitioner(s) : Mr. Tushar Panwar, Adv. with Mr. Rohit Maharda, Adv., Mr. Mukul Rao, Adv. & Mr. Pawan Ooswal, Adv. For Respondent(s) : Ms. Suruchi Kasliwal, Adv. with Mr. Vikram Singh, Adv. Ms. Aayushi Jain, Adv. for respondent No.1 HON'BLE MR. JUSTICE ASHUTOSH KUMAR Order 29/10/2025 1. This petition has been filed with the following prayer:- "It is, therefore, humbly prayed that yours Lordships may graciously be pleased to accept and allow this writ petition by calling the entire record and after perusal of the same:- (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. 674405600137, held with the IFSC Code ICIC0006744 belongs to the ICICI Bank, Agr. Research Station, Tonk Road, Durgapura, [2025:RJ-JP:43393] (2 of 3) [CW-13844/2025] Jaipur Rajasthan 302015, located in Jaipur, 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. (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. By way of filing this petition, the petitioner is seeking direction against the respondent-Bank for defreezing the Account No. 674405600137 in ICICI Bank, 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 accounts 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. In view of the submissions made before this Court, the instant writ petition is disposed of with the directions to the respondent-Bank to defreeze the bank account of the petitioner bearing No. 674405600137 in ICICI Bank and the petitioner may be allowed to operate and make transactions from the said bank account. [2025:RJ-JP:43393] (3 of 3) [CW-13844/2025] 5. The respondents are further directed to freeze the disputed amount of Rs.4,00,000/-, which is allegedly involved in the fraudulent transaction. 6. It is made clear that the petitioner shall 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 her to do so. 8. It is further ordered that after investigation, if the involvement of the petitioner is found in any illegal transaction, she 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 /9