[2025:RJ-JP:51059] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 19705/2025 Kanhaiya Saini S/o Lallu Ram Saini, Aged About 31 Years, R/o Plot No. 14, Gurudev Vihar Colony, Aapani Dhani Ki Gali, Sikar Road Harmada, Jaipur, Rajasthan-302013 ----Petitioner Versus 1. State Of Rajasthan, Through The Secretary, Department Of Home Affairs, Government Of Rajasthan, Secretariat, Jaipur - 302005 2. Bank Of Baroda, Branch Govind Vihar, Near Road No. 19, Akera Road, Rajasthan, Through Its Branch Manager, Branch Office - Akeda Doonger, 3-Govind Vihar, Near Road No. 19, Akera Road, Rajasthan - 302013 ----Respondents For Petitioner(s) : Mr. Ankit Kumar with Ms. Anisha Yadav For Respondent(s) : Mr. Laxmi Kant Sharma for Mr. Ram Naresh Vijay Ms. Devakriti Vashishtha for Mr. Bhuwnesh Sharma, AAG 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) Issue an appropriate writ, order or direction quashing the arbitrary, illegal, and mala fida debit freeze imposed on the bank account of the writ petitioner; b) Direct Respondent No.2 to furnish the writ petitioner with a copy of the complaint/F.I.R and any relevant materials relied upon to justify the excessive measure of freezing the entire account; and direct the respondent No.2 to de-freeze the said bank account bearing account number- 44128100009912. c) Direct respondent No.2 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 paying litigation costs. [2025:RJ-JP:51059] (2 of 3) [CW-19705/2025] d) Pass such other and further reliefs as this Hon’ble Court may deem fit and proper in the interest of justice.” 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.44128100009912. with Bank of Baroda, Branch 3-Govind Vihar, Akeda Doonger, 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 [2025:RJ-JP:51059] (3 of 3) [CW-19705/2025] 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. 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 to do so. 9. It is further ordered that after investigation, if the involvement of the petitioner is found in any illegal transactions, he 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 AVINASH GULERIA /74