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2026 DAILYLAW 11024 (RAJ)

MR. CHAINA RAM REBARI S/O BAGA RAM v. BANK OF BARODA

CW/9491/2026 · 2026-07-20

Anand Sharma

body2026

Judgment text

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[2026:RJ-JP:27812] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 9491/2026 URN: CW / 21208U / 2026 Mr. Chaina Ram Rebari S/o Baga Ram, Aged About 49 Years, Chota Lamba, Rebariyo Ki Dhaani, Lamba, Po. Arain, Dist. Ajmer, Rajasthan 305813 ----Petitioner Versus 1. Bank Of Baroda, Arain, Near Bus Stand Arain, Dist. Ajmer, Rajasthan 305813 Through Bank Manager. 2. Regional Manager/nodal Officer Bank Of Baroda, 241 Captain Durga Prasad Chaudhary Marg, Circular Road, Aanasagar, Vaishali Nagar, Ajmer, Rajasthan 305001 3. Investigation Officer, Police Station Arain, Dist. Ajmer, Rajasthan 30581 4. Deputy Inspector General (Dig), Police Headquarter, Police Headquarters Marg, Lal Kothi Scheme, Lalkothi, Jaipur, Rajasthan 302015 ----Respondents For Petitioner(s) : Mr. Firoz Khan, Adv. For Respondent(s) : Ms. Devakriti Vashishtha, AAAG. & Ms. Sunita Meena, AGC for Mr. Bhuwnesh Sharma, AAG Mr. Laxmikanth Sharma, Adv. & Ms. Shivani Paliwal, Adv. for Mr. Ram Naresh Vijay, Adv. for Bank HON'BLE MR. JUSTICE ANAND SHARMA Order 20/07/2026 1. This writ petition has been filed by the petitioner seeking issuance of directions against Respondent No.1-Bank of Baroda to defreeze his bank account and has made following prayers: [2026:RJ-JP:27812] (2 of 4) [CW-9491/2026] “In light of the facts, grounds presented above, it is most respectfully prayed that by an appropriate writ order or direction this Hon'ble Court may graciously be pleased to: I. Issue a writ of mandamus or any other appropriate writ, order, or direction directing the Respondents to unfreeze the Petitioner's Saving Account (Account Number: 01240100017851, Bank Of Baroda IFSC Code No. BARBOARAINX), excluding the lien/disputed amount, allowing access to the remaining balance. II. Direct the Respondents to restore the Petitioner's registered email address used for banking communications to facilitate the receipt of official bank communications. III. Direct the Respondents to provide complete information regarding the cyber fraud complaint. IV. Pending the final disposal of this petition, the Petitioner prays for an interim direction allowing immediate access to the non-disputed funds in the Petitioner's account to alleviate undue financial hardship. V. Pass any other writ, order or direction by which an appropriate relief to which the petitioner is found entitled to be granted in his favour. It is, therefore, humbly prayed that the writ petition may kindly be allowed as prayed hereinabove.” 2. Facts of the case in brief are that the petitioner is bonafide holder of Bank Account No.01240100017851 (the said bank account shall be hereinafter referred to as ‘the bank account in question’) maintained with Respondent No.1-Bank Of Baroda, Arain, Near Bus Stand Arain, Dist. Ajmer, Rajasthan. However, when the petitioner was not able to operate his bank account, he contacted bank officials and he was informed that the bank account in question has been freezed. The bank account in question has been freezed by the respondent-bank on account of alleged transactions of Rs.1800/- (the said amount shall be hereinafter referred to as ‘the amount in question’). The petitioner has not been served with any FIR or lawful directive which shows petitioner’s involvement in any wrongful act. The petitioner made all endeavours to defreeze the bank account in question but he was unable to get any relief. Left with no other option, the [2026:RJ-JP:27812] (3 of 4) [CW-9491/2026] petitioner has filed instant writ petition praying for the aforesaid relief. 3. Learned counsel for the parties are in agreement that the issue involved in the instant writ petition is no more res- integra and squarely covered by order dated 30.06.2026 passed by this Court in the case of Jinat Bano vs. State Bank of India & Another (S.B. Civil Writ Petition No. 5036/2026). 4. The identical issue of freezing of bank account came up for consideration of this Court in the case of Jinat Bano (supra), wherein after considering the rival submissions, writ petition was disposed of by this Court with following directions: “(i) Respondent-bank shall forthwith remove the debit freeze/restriction imposed upon the bank account in question and permit the petitioner to operate the bank account in question in the ordinary course. (ii) Respondent-bank shall, however, continue to maintain a lien or restraint only to the extent of the amount in question, which is alleged to be connected with the transaction under investigation and the petitioner shall not be entitled to withdraw, transfer or otherwise deal with the amount in question without permission of the competent authority. (iii) The petitioner shall extend full cooperation to the investigating agency and appear before the concerned authorities as and when called upon to do so for the purpose of investigation. (iv) The petitioner shall maintain the bank account in question in active status and shall not close, surrender or otherwise discontinue the same without prior intimation to and permission from the investigating agency till conclusion of the investigation. (v) It is clarified that the present order shall not be construed as an expression on the merits of the allegations under investigation. The investigating agency shall remain at liberty to proceed in accordance with law and take such action as may be warranted on the basis of material collected during investigation. (vi) In the event, the investigation ultimately reveals the petitioner's involvement in the alleged offence or establishes that the amount in question constitutes proceeds of the unlawful transaction, it shall be open for the competent authority to deal with the amount in question and take consequential action strictly in accordance with law. [2026:RJ-JP:27812] (4 of 4) [CW-9491/2026] (vii) It shall further be open to Respondent-bank and the investigating agency to deal with or transfer the amount in question in accordance with any lawful direction issued by the competent authority having jurisdiction in the matter.” 5. Thus, in view of consensus arrived at between learned counsel for the parties, this petition is also disposed of in the same terms and with same directions as given by this Court in order dated 30.06.2026 passed in the case of Jinat Bano (supra). 6. Pending applications, if any, shall also stand disposed of. (ANAND SHARMA),J 69/Jatin