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2026 DAILYLAW 20049 (RAJ)

ABHISHEK MEENA S/O SHRI AMAR SINGH MEENA v. THE STATE OF RAJASTHAN

CW/18950/2025 · 2026-01-29

Anand Sharma

Transfer Petitionbody2026

Judgment text

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[2026:RJ-JP:4150] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 18950/2025 Abhishek Meena S/o Shri Amar Singh Meena, Aged About 21 Years, R/o 14/mb/207, Indira Gandhi Nagar, Post Jagatpura, Tehsil Sanganer, Jaipur, Rajasthan - 302017 ----Petitioner Versus 1. The State Of Rajasthan, Through Its Principal Secretary, Department Of Home, Secretariat, Jaipur - 302005. 2. The State Of Maharashtra, Through Its Station House Officer, Pandharkawda, District Yavatmal, Maharashtra - 445302. 3. The State of Gujarat through its Station House Officer, B- Division Police Station, Junagadh, Gujarat - 362001. 4. HDFC Bank Limited, Through Its Branch Manager, Having Its Branch Office At Indira Gandhi Nagar, Jagatpura, Rajasthan - 303012. 5. Au Small Finance Bank, Through Its Branch Manager, Having Its Branch Office At Gram Gotya Ka Pura, Karauli, Dhahariya, Karauli, Rajasthan - 322215. ----Respondents For Petitioner(s) : Mr. Parth Gupta For Respondent(s) : Mr. Dikshant Jain HON'BLE MR. JUSTICE MANEESH SHARMA Order 29/01/2026 1. The present writ petition has been filed with the following prayers: "In the above premises, it is humbly prayed that this hon'ble court may be pleased to: I. Issue a writ in the nature of mandamus to direct the respondents to forthwith defreeze and remove the lien on the bank accounts, AU Small Finance Bank Account No. 2011220430006824, maintained at Gram Gotya ka Pura, Dhanariya, Karauli, Rajasthan, and HDFC bank account number 5010076449300, maintained at Indira Gandhi Nagar, Jagatpura, Rajasthan, of the petitioner, freeze at the instructions of the [2026:RJ-JP:4150] (2 of 4) [CW-18950/2025] respondent-state, and to allow the petitioner to operate the same without any prejudice. II. To pass such other orders and further orders as may be deemed necessary on the facts and in the circumstances of the case." 2. Learned counsel for the petitioners, after arguing at some length, upon instructions of his client, seeks permission to withdraw the relief claimed in prayer qua defreeze and remove lien on AU Small Finance Bank Account No. 2011220430006824 with liberty to avail remedy available under the law relating to the bank account of AU Small Finance Bank Account No. 2011220430006824. 3. Further, learned counsel is pressing the present writ petition only in respect of relief claimed in prayer qua defreeze and removal of lien on HDFC Bank account No.50100764479300. 4. 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. 5. 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 the Station House Officer, B-Division Police Station, Junagadh, Gujarat. He further submits [2026:RJ-JP:4150] (3 of 4) [CW-18950/2025] that as per information received, the disputed amount is around Rs.1,000/- 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. 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 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 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.50100764479300 with HDFC Bank, of the petitioner, and he may be allowed to operate transactions in his bank account, while freezing only the amount of Rs.1,000/-, which is allegedly involved in the alleged fraudulent transaction. 8. 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 [2026:RJ-JP:4150] (4 of 4) [CW-18950/2025] 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. 9. Furthermore, the relief claimed in prayer qua defreeze and removal of lien on AU Small Finance Bank is hereby withdrawn with liberty to avail remedy available under the law relating to the bank account of AU Small Finance Bank Account No. 2011220430006824. 10. All other pending application(s), if any, shall stand disposed of accordingly. (MANEESH SHARMA),J DEEPA/RAHUL-116