[2026:RJ-JP:3034] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 15285/2025 Anup Kumar Beria S/o Indra Kumar Beria, Aged About 48 Years, R/o 24, Vijay Badi Path No.-2, Sikar Road, Dehar Ke Balan, Jaipur, Rajasthan- 302039. ----Petitioner Versus 1. HDFC Bank, Through Its Chairman, HDFC Bank House, Senapati Bapat Marg, Lower Parel, Mumbai, Maharashtra, 400013. 2. The Branch Manager, HDFC Bank, Jaipur- Johari Bazar, Pandya Bhawan, Shop No. 85-86, Johari Bazar, Jaipur, Rajasthan. 3. The Station House Officer, Cyber Crime Police Station Kollam City, Near District Police Office, Mundakkal, Kollam, Kerala, Pin - 691001. ----Respondents For Petitioner(s) : Mr. Himanshu Chetani on behalf of Mr. Rakshit Jaimini For Respondent(s) : Ms. Devakriti Vashishtha, AAAG with Mr. Naman Yadav, on behalf of Mr. Bhuwnesh Sharma, AAG HON'BLE MR. JUSTICE MANEESH SHARMA Order 22/01/2026 1. Heard learned counsel for the parties. 2. The present writ petition has been filed by the petitioner with the following prayers: "In view of the facts stated above and in the interests of justice, the petitioner most humbly prays that this Hon'ble Court may be pleased to: A. Issue a writ, order or direction in the nature of certiorari quashing the impugned action of freezing the petitioner's savings [2026:RJ-JP:3034] (2 of 4) [CW-15285/2025] account No.50200003383200 maintained with HDFC Bank, Johari Bazar Branch, Jaipur; B. Issue a writ, order or direction in the nature of mandamus directing the respondents to: (i) Immediately defreeze the petitioner's aforesaid bank account; and (ii) Permit the petitioner to operate the account without any hindrance for all legitimate transactions; (iii) If this Hon'ble Court deems fit, direct that only the disputed amount of Rs.5,00,000/- be kept under lien while allowing normal operations of the account for legitimate transactions; C. Direct the respondents to comply with the mandatory provisions of Section 102(3) CrPC and report the seizure to the concerned Magistrate forthwith; D. Direct the respondents to pay adequate compensation to the petitioner for the financial losses and mental agony suffered due to the illegal freezing of his account from the date of freezing till actual release of funds; E. Pass any other order(s) as this Hon'ble Court may deem just and proper in the facts and circumstances of the present case." 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 co-operate 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 bank account, may be frozen, but 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-Banks submits that the bank account of the petitioner has been frozen in [2026:RJ-JP:3034] (3 of 4) [CW-15285/2025] pursuance of the Notice received from respondent No.3-The Sta- tion House Officer, Cyber Crime Police Station Kollam City, Near District Police Office, Mundakkal, Kollam, Kerala, Pin - 691001. Learned counsel for the respondent-Bank also submits that, as per information received, the disputed amount is around Rs.5,00,000/- (H.D.F.C. Bank) and further submits that the peti- tioner 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 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 his 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 H.D.F.C. Bank Account No. 50200003383200 of the petitioner, and he may be allowed to operate transactions in his bank account, while freezing only the amount of Rs.5,00,000/- respectively, which are allegedly involved in the alleged fraudulent transaction. [2026:RJ-JP:3034] (4 of 4) [CW-15285/2025] 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 Seema/169