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2026 DAILYLAW 15141 (RAJ)

HARKESH YOGI S/O SHRI RAMNARAYAN YOGI v. INDIAN BANK

CW/256/2026 · 2026-02-06

Anuroop Singhi

Transfer Petitionbody2026

Judgment text

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[2026:RJ-JP:5652] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 256/2026 Harkesh Yogi S/o Shri Ramnarayan Yogi, Aged About 37 Years, Resident Of 125, Jogiyo Ki Dhani, Watika, Sanganer, Mohanpura Watika, Jaipur, Rajasthan- 303905. ----Petitioner Versus 1. Indian Bank, Through Branch Manager/ Nodal Officer, Address- Mahal Road Jagatpura Branch, C 7 Hari Om Tower, Shyam Vihar, Mahal Road, Jagatpura, Jaipur- 302017. 2. Director General Of Police Maharashtra, Maharashtra State Police Headquarters, Shahid Bhagat Singh Road, Colaba Mumbai, Maharashtra- 400005 ----Respondents For Petitioner(s) : Mr. Bharat Raj Yogi For Respondent(s) : Mr. Mohit Khandelwal HON'BLE MR. JUSTICE ANUROOP SINGHI Order 06/02/2026 1. The present writ petition has been filed with the following prayers: “It is therefore prayed that this Hon’ble court may kindly call for the entire record after perusing the relevant record, admit and allow this Writ Petition and may kindly:- A. Issue a Writ of Mandamus or any other appropriate Writ to the Respondent No. 1 to 2 to resolve the transaction dispute as may be; B. Issue a Writ of Mandamus or any other appropriate writ to direct the Respondent No. 1 to Respondent No. 2 to de-freeze the savings bank account of the Petitioner; [2026:RJ-JP:5652] (2 of 4) [CW-256/2026] C. Issue a Writ of Mandamus to direct Respondent No. 1 to de-freeze account no. 8069655202 of the Petitioner. D. Grant such other reliefs that this Hon’ble Court may deem fit to grant in the circumstances of this case. E. Any other order or direction which the Hon’ble court deems in the facts and circumstances of the case may also kindly be granted by this Hon’ble Court. F. Cost of the Writ Petition may also be Awarded in the favour of Petitioner.” 2. Learned counsel for the petitioner submits that the petitioner has never misused the aforesaid bank account for the purpose of illegal transactions and has not committed any cyber crime and has has no relation whatsoever to the alleged fraudulent transaction(s). 3. Learned counsel also submits that the petitioner is ready and willing to co-operate with the Investigating Agencies and will appear before the Bank Authorities and the Investigating Agencies as and when called upon. 4. Therefore, learned counsel prays that while the disputed amount which has been received in the petitioner's account may be frozen, the amount other than the disputed amount may kindly be allowed to be withdrawn and the petitioner may be allowed to operate and carry out the banking transactions from the said bank account. 5. Per contra, learned counsel for the respondent – Bank submits that, as per the information received, the disputed amount credited in the petitioner’s bank account is around Rs.18,630.64 and the bank account of the petitioner has been [2026:RJ-JP:5652] (3 of 4) [CW-256/2026] frozen by the respondent – Bank, strictly in compliance with the instructions received from CPPM Cell, Indian Bank, stating a cyber police complaint bearing No.31908250147671 against the petitioner’s account. 6. Learned counsel for the respondent – Bank further submits that the petitioner may be directed not to discontinue the bank account until the investigation is completed or the criminal case is decided. 7. Learned counsel for the respondents submits that as the petitioner is the beneficiary of an amount involved in a financial cyber fraud complaint and the investigation is undergoing, no interference is called for at this stage. 8. Learned counsel for the petitioner agrees with the submissions made by learned counsel for the respondent – Bank. 9. Heard learned counsel for the parties. 10. In view of the submissions so made, this Court is of the considered view that merely because a certain amount has been transferred to the petitioner's bank account in an alleged fraudulent transaction, the act of freezing the entire bank account and imposing complete restriction on banking transactions at this stage will seriously prejudice the rights of the petitioner. At the most, the Bank can keep a lien on the amount to the extent it relates to the alleged fraudulent transaction(s) credited in the petitioner’s bank account. 11. Consequently, this writ petition is disposed of with a direction to the respondent – Bank to de-freeze the bank account No. 8069655202 of the petitioner maintained at Indian Bank, Mahal Road Jagatpura Branch, C 7 Hari Om Tower, Shyam Vihar, [2026:RJ-JP:5652] (4 of 4) [CW-256/2026] Mahal Road, Jagatpura – 302017 and he may be allowed to operate and carry out banking transactions in the said bank account over and above the disputed amount, in accordance with law. However, the disputed amount i.e., Rs.18,630.64 which has been credited in the petitioner’s bank account in connection with the alleged fraudulent transaction(s) shall remain frozen. 12. It is made clear that the petitioner will co-operate with the Bank Authorities and the Investigating Agencies and will appear before them as and when required. It is also ordered that the petitioner shall not close or discontinue the bank account till the Investigating Agencies and Bank Authorities permit the petitioner to do so. 13. 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. 14. Needless to say, that this order has been passed only in the context of de-freezing of the bank account of the petitioner and in no manner is to be construed as any determination with respect to the merits of the financial cyber fraud complaint under question. 15. Pending application(s), if any, stand disposed of accordingly. (ANUROOP SINGHI),J DANISH USMANI /27