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2026 DAILYLAW 11786 (RAJ)

RADHESHYAM SWAMI v. STATE OF RAJASTHAN

CRLMP/7286/2026 · 2026-08-10

Kuldeep Mathur

body2026

Judgment text

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[2026:RJ-JP:38288] HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous (Petition) No. 7286/2026 CNR: RJHC010814642026 | URN: CRLMP / 12596U / 2026 Radheshyam Swami S/o Mooldas Swami, Aged About 32 Years, R/o Ward No 05 Bidas Bidasar Churu Rajasthan. ----Petitioner Versus 1. State Of Rajasthan, Through Public Prosecutor 2. The Branch Manager, Axis Bank Branch Vanz Ifsc Code Utib20002306 Diostrict Surat Gujrat 3. The Zonal Manager General Manager, Axis Bank District Surat Gujrat 4. Dig, Cyber Crime Plice Head Quarters Jaipur ----Respondents For Petitioner(s) : Mr. Tapesh Kumar Sain For Respondent(s) : Mr. Narendra Gehlot, PP Mr. Aditya Singhi HON'BLE MR. JUSTICE KULDEEP MATHUR Order 10/08/2026 1. The instant criminal misc. petition under Section 528 BNSS has been filed by the petitioner seeking the following reliefs:- “ It is, therefore, humbly prayed that the present Writ Petition may kindly be allowed and by an appropriate, order or direction- (1) By an appropriate writ, order or direction, the respondent may kindly be directed to de-freeze the bank account bearing Account Number 918010056848882, of the Petitioner in Respondent AXIS BANK Branch Branch VANZ, IFSC Code UTIB0002306, Dist. Surat, Gujrat. (ii) By an appropriate writ, order or direction, the respondent may kindly be directed to not freeze the bank account of the petitioner in future without prior notice. (iii) Any other order or direction which this Hon'ble Court deems just and proper may kindly be passed in favor of the petitioner.” 2. Having considered the facts and circumstances of the case, this Court deems it just and proper to dispose of this criminal [2026:RJ-JP:38288] (2 of 2) [CRLMP-7286/2026] misc. petition with a direction to the Axis Bank (Respondents No.2 & 3) to keep the disputed amount (the amount which was transferred illegally in the bank account of the petitioner) frozen and allow the petitioner to make transactions from his bank account from the remaining balance. 3. 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 to be receipt(s) of the offence, the bank shall send a communication to the concerned Investigating Officer/Police, to indicate the amount to be earmarked for lien, while endorsing a copy of the instant order. 4. 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 respondent – bank shall thereafter do the needful as directed herein above. 5. It is further made clear that in case, the respondent-Bank does not receive any reply from the concerned Investigating Officer/Police, then it shall be duty bound to act in accordance with the instant order. 6. With the aforesaid directions, the instant criminal misc. petition is disposed of. 7. Stay petition as well as all pending application, if any, stand disposed of. (KULDEEP MATHUR),J 270/Himanshu Singh