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2025 DAILYLAW 49720 (RAJ)

CHANCHAL W/O RAJAT SHARMA v. AU SMALL FINANCE BANK LTD.

CW/12540/2025 · 2025-09-11

Anoop Kumar Dhand

body2025

Judgment text

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[2025:RJ-JP:36902] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 12540/2025 Chanchal W/o Rajat Sharma, 194/160, Sector 19 Pratap Nagar, Sanganer, Jaipur, Rajasthan- 302033 ----Petitioner Versus 1. Au Small Finance Bank Ltd., Through Its Regional Nodal Officer, Address. Plot No 1 And 2, Tonk Road, Jai Jawan Colony, Jaipur, Rajasthan- 302018 2. Inspector Of Police, Cyber Crime Ps Neem Ka Thana Sadar, Neem Ka Thana, Rajasthan. ----Respondents For Petitioner(s) : Mr. Adarsh Singhal For Respondent(s) : Mr. Saumitra Chaturvedi-Dy.G.C. Mr. Dikshant Jain JUSTICE ANOOP KUMAR DHAND Order 11/09/2025 1. The instant writ petition has been preferred with the follow- ing prayer: (i) Issue a writ in the nature of Mandamus or any other appropriate writ, order or direction command- ing the Respondent Bank to immediately unfreeze the current account of the Petitioner bearing Account No. 1851221419234231, AU Small Finance Bank Ltd, Jaipur Rajasthan 302033, located in Jaipur Rajasthan (ii) Direct the Respondent Bank to provide written reasons for the freezing of the account and any com- munication 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) (), and 300A of the Constitution of India. (iv) Award costs of this petition in favour of the Peti- tioner. [2025:RJ-JP:36902] (2 of 3) [CW-12540/2025] (v) Pass such further or other orders as may be deemed just and proper in the facts and circum- stances of the case (vi). Any other appropriate order or direction which is deemed just and proper in the facts and circum- stance by this Hon’ble Court may also be passed in favour of the petitioner’s committee.” 2. By way of filing this writ petition, the petitioner is seeking di- rections against the respondent-Bank for defreezing his account No.1851221419234231. 3. Counsel for the petitioner submits that the petitioner has no concerned whatsoever with any cyber crime committed by any- one, even then his entire account has been freezed. Counsel sub- mits that the petitioner is ready and willing to cooperate in the in- vestigation as and when required. 4. Counsel for the respondents opposed the arguments raised by counsel for the petitioner and submitted that several com- plaints regarding cyber crimes were received in the State of Telan- gana, West Bengal and Maharashtra, consequently, orders have been passed to freeze the petitioner’s account. 5. In view of the submissions made before this Court, the in- stant writ petition stands disposed of with directions to the re- spondent-Bank to defreeze the Bank account of the petitioner bearing No. 1851221419234231 at AU Small Finance Bank Ltd, Mansarovar Madhyam Marg, Jaipur and she may be allowed to op- erate and make transactions in the said Bank. 6. The respondents are directed to freeze the disputed amount which is allegedly involved in the fraudulent transaction. 7. It is made clear that the petitioner will co-operate with Bank authorities and investigating agency and will appear before them as and when required. [2025:RJ-JP:36902] (3 of 3) [CW-12540/2025] 8. 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. 9. It is further ordered that after investigation, if the involve- ment of the petitioner is found in any illegal transaction, she shall be liable to pay amount involved in the aforesaid illegal transac- tion and will face inquiry/investigation as per law. 10. It is further ordered that the respondent-Bank shall be at lib- erty to transfer the amount to the original account from which it was credited to petitioner’s account. 11. With the aforesaid observations/directions, the instant writ petition stands disposed of. The stay application and all pending applications, if any, also stand disposed of. (ANOOP KUMAR DHAND),J Ashu/20