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2025 DAILYLAW 50185 (RAJ)

VIKRAM SINGH SHEKHAWAT S/O SHRI GUMAN SINGH v. HDFC BANK

CW/15402/2025 · 2025-10-15

Ashutosh Kumar

body2025

Judgment text

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[2025:RJ-JP:42186] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 15402/2025 Vikram Singh Shekhawat S/o Shri Guman Singh, Aged About 32 Years, Resident Of A-45, Jagdamba Colony, Naya Kheda, VTC Amba Bari, PO Amba Bari, District Jaipur, Rajasthan - 302039 ----Petitioner Versus 1. HDFC Bank, Vaishali Nagar Branch, Jaipur, Through Its Branch Manager, Situated At Brightland School, Vaishali Nagar, Jaipur - 302021 2. The Station House Officer, Police Station Infocity, Gandhi Nagar, Gujarat. ----Respondents For Petitioner(s) : Ms. Nidhi Sharma, Adv. For Respondent(s) : Mr. Naman Yadav, Adv. for respondent No.1 Mr. Somitra Chaturvedi, Dy. GC HON'BLE MR. JUSTICE ASHUTOSH KUMAR Order 15/10/2025 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:- a. 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. b. Issue a writ in the nature of Mandamus or any other appropriate writ, order or direction commanding the Respondent No.1 Bank to immediately unfreeze the Savings Bank Account No. 50100372000507 of the Petitioner maintained with HDFC Bank, Vaishali Nagar Branch, [2025:RJ-JP:42186] (2 of 3) [CW-15402/2025] Jaipur, which has been frozen in connection with an alleged disputed transaction of only Rs.11,010/-. c. Direct the Respondent Bank to provide written reasons for the freezing of the account and any communication received from Cyber Crime authorities, if any. d. Award costs of this petition in favour of the petitioner. e. Pass such further or other orders as may be deemed just and proper in the facts and circumstances of the case." 2. By way of filing this petition, the petitioner is seeking direction against the respondent-Bank for defreezing the Account No. 50100372000507 in HDFC Bank, Vaishali Nagar Branch, Jaipur, 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 account 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. Per contra, learned counsel for the respondent-Bank opposes the arguments raised by learned counsel for the petitioner and submits that on instructions from the concerned Police Station, the bank account of the petitioner has been seized, therefore, under these circumstances, the petitioner cannot be allowed to operate his bank account and, thus, the writ petition is liable to be dismissed. 5. Considering the submissions made by learned counsel for the respective parties, the instant Writ Petition is disposed of with the directions to the respondent-Bank to defreeze the bank account of the petitioner bearing No. 50100372000507 in HDFC Bank and the [2025:RJ-JP:42186] (3 of 3) [CW-15402/2025] petitioner may be allowed to operate and make transactions from the said bank account. The respondents are further directed to freeze the disputed amount, which is allegedly involved in the fraudulent transaction. 6. 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. 7. 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. 8. It is further ordered that after investigation, if the involvement of the petitioner is found in any illegal transaction, he 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 /16