PUSHPENDRA SINGH SOLANKI SON OF HEMRAJ SINGH v. INDUSIND BANK
CW/1615/2026 · 2026-01-29
Maneesh Sharma
body2026
DailyLaw.ai
[ 2026 DAILYLAW 16457 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 16457 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
[2026:RJ-JP:4119] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 1615/2026 Pushpendra Singh Solanki S/o Hemraj Singh, Aged About 23 Years, R/o 285, Nataniyon Ka Rasta, Choura Rasta, Jaipur At Present R/o 62, Raj Aangan Colony, Baba Balaknath Gate, Goner Road, Jamdoli, Jaipur, Rajasthan-302031. ----Petitioner Versus
1. IndusInd Bank through its Branch Manager of Branch situated at B-10, Goving Marg, Raja Park, Jaipur, Rajasthan-302016.
2. Deputy Commissioner of Police, East & West Zone, Cyber Crime Police Station, District Guwahati, State-Assam ----Respondents For Petitioner(s) : Mr. Lucky Sharma Mr. Aayush Goyal For Respondent(s) : Ms. Neha Sharma for Mr. Vineet Sharma HON'BLE MR. JUSTICE MANEESH SHARMA
Order 29/01/2026
1. Heard learned counsel for the parties.
2. The present writ petition has been filed with the following prayers:
"It is, therefore, humbly prayed that Your Lordship may graciously be pleased to accept and allow this writ petition by calling the entire record and after perusal of the same:- (i) Issue a writ in the nature of Mandamus or any other appropriate writ, order or direction to the Respondent Bank to immediately unfreeze the saving account of the Petitioner bearing Account No. 100209412038, IndusInd Bank located in Rajapark, Jaipur, Rajasthan. (ii) 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. (iii) Award costs of this petition in favour of the Petitioner. (iv) Pass such further or other orders as may be deemed just and proper in the facts and circumstances of the case. (v) Any other appropriate order or direction which is deemed just and proper in the facts and circumstance by this Hon'ble Court may also be passed in favour of the petitioner's committee."
[2026:RJ-JP:4119] (2 of 3) [CW-1615/2026]
3.
Learned counsel for the petitioner submits that the petitioner has never misused his bank account for the purpose of illegal transactions and has not committed any cyber crime. Learned counsel for the petitioner submits that the petitioner is ready and willing to cooperate with the Investigating Agencies and will appear before the Bank Authorities and the Investigating Agencies as and when called upon. He therefore prays that the disputed amount, which has been received in the petitioner's account, may be frozen, but that the amount other than the disputed amount may kindly be allowed to be withdrawn. He further prays that the petitioner may be allowed to operate his bank account for the transaction of money.
4. Per contra, learned counsel for the respondent-Bank submits that the bank account of the petitioner has been frozen in pursuance of the Notice received from Cyber Crime Police Station, Guwahati, Assam. Learned counsel for the respondent-Bank also submits that, as per information received, the disputed amount is around Rs.3,300/- and 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.
5.
Learned counsel for the petitioner agrees with the
submissions made by learned counsel for the respondent-Bank.
6. Having heard learned counsel for the parties and in view of the submissions so made, this Court is of the considered view that merely because certain amount has been transferred to the petitioner's bank account in spite of the fact that the petitioner is not involved in fraudulent transaction/illegal activity/or a cyber crime, the act of freezing of the entire bank account and imposing
[2026:RJ-JP:4119] (3 of 3) [CW-1615/2026] complete restriction on transactions is seriously prejudiced to the rights of the petitioner, at the most the bank can keep lien on the amount to the extent it relates to the receipt(s) of offense/disputed amount/amount credited. However, the respondent-Bank should allow the petitioner to operate their bank account over and above such amount in accordance with the law. Therefore, this writ petition is disposed of with a direction to the respondent-Bank
to
de-freeze
the
bank
account No.100209412038 with IndusInd Bank, of the petitioner, and he may be allowed to operate transactions in his bank account, while freezing only the amount of Rs.3,300/-, which is allegedly involved in the alleged fraudulent transaction.
7. 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 his bank account till the Investigating Agencies and Bank Authorities permit the petitioner to do so. It is further ordered that, after the investigation, if the petitioner is found to be involved in any illegal transaction, he shall be liable to pay the amount involved in the illegal transaction and will face the enquiry/investigation as per law.
8. All other pending application(s), if any, shall stand disposed of accordingly.
(MANEESH SHARMA),J DEEPA/RAHUL-35