[2026:RJ-JP:4786] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 19509/2025 Siya Ram Kushwah S/o Bab Lal Maali, Aged About 31 Years, R/o Village- Dafalpur, Jahangirpur, District- Karauli Rajasthan- 322255. ----Petitioner Versus 1. Axis Bank Ltd, Through Its Regional Nodal Officer, B-115, 1St Floor, Shanti Tower, Hawa Sadak, Civil Lines, Jaipur, Rajasthan-302006. 2. The Branch Manager, Axis Bank Ltd., Branch - Mansarovar, Jaipur, Rajasthan-303020. 3. Inspector Of Police, Police Station Gachibowli, District- Cyberabad, Telangana-500032. ----Respondents For Petitioner(s) : Mr. Pawan Singh Meena For Respondent(s) : Mr. Bhuvnesh Sharma, AAG Mr. Shashi Bhushan Gupta Ms. Devakriti Vashisth HON'BLE MR. JUSTICE ANUROOP SINGHI Order 02/02/2026 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 by an appropriate writ order or direction, the instant writ petition may kindly be allowed and by an appropriate writ, order or direction the respondent may kindly be directed to de-freeze the bank account NO 924010056963928 of the petitioner. 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. Any other appropriate writ, order or direction which this Hon’ble Court deems fit may be passed in favour of the [2026:RJ-JP:4786] (2 of 3) [CW-19509/2025] petitioner and the cost of the writ petition be awarded in favour of the petitioner.” 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. 4. Therefore, he prays that while the disputed amount which has been received in the petitioner's account maybe frozen, the amount other than the disputed amount may kindly be allowed to be withdrawn and the petitioner may be allowed to operate and carry out the banking transactions from the said bank account. 5.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 the bank account of the petitioner has been frozen on the basis of cyber fraud complaint lodged at Police Station Gachibowli, District-Cyberabad, Telangana. Learned counsel for the respondent – Bank also submits that, as per the information received, the disputed amount is around Rs.2,736.43/- and that the petitioner maybe directed not to discontinue the bank account until the investigation is completed or the criminal case is decided. 6. Learned counsel for the petitioner agrees with the submissions made by learned counsel for the respondent-Bank. 7. 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 despite the fact that the petitioner is not [2026:RJ-JP:4786] (3 of 3) [CW-19509/2025] 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 prejudicial to the rights of the petitioner. At most the bank can keep a lien on the amount to the extent it relates to the receipt(s) of offence/disputed amount/amount credited. However, the respondent – Bank is directed to allow the petitioner to operate his bank account over and above such amount in accordance with the law. 8. Consequently, this writ petition is disposed of with a direction to the respondent-Bank to de-freeze the bank account No.924010056963928 of the petitioner, and he may be allowed to carry out banking transactions in his bank account while freezing only the amount of Rs.2,736.43/-, which is allegedly involved in the alleged fraudulent transaction. 9. 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. 10. Pending application(s), if any, shall stand disposed of accordingly. (ANUROOP SINGHI),J JAYANT KUMAR /57