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2026 DAILYLAW 20686 (RAJ)

PATHAK ANAND BANWARILAL S/O BANWARILAL JAGANPRASAD PATHAK v. INDUSIND BANK

CW/19693/2025 · 2026-01-19

Maneesh Sharma

body2026

Judgment text

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[2026:RJ-JP:2266] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 19693/2025 Pathak Anand Banwarilal S/o Banwarilal Jaganprasad Pathak, Aged About 43 Years, R/o 256, Near BBL School, Sadarban Agra, U.P. ----Petitioner Versus 1. Indusind Bank, Corporate/head Office at One World Centre, 8th Floor, Tower 1, 841, Senapati Bapat Marg, Prabhadevi (West), Mumbai, Maharashtra, 400013 Through Its Chairman. 2. Indusind Bank, Registered Office at 2401, Ge. Thimmayya Road, Pune-411001 Through Its Managing Director. 3. Indusind Bank Limited, B-10-I, Govind Marg, Adarsh Nagar, Raja Park, Jaipur through its Branch Manager. 4. The Circle Police Inspector, Sindagi Circle Vijaypura District Karnataka State. ----Respondents For Petitioner(s) : Mr. Manish K. Saini For Respondent(s) : Ms. Neha Sharma for Mr. Vineet Sharma HON'BLE MR. JUSTICE MANEESH SHARMA Order 19/01/2026 1. Heard learned counsel for the parties. 2. The present writ petition has been filed with the following prayers: "It is, therefore, most respectfully prayed that Your Lordships may graciously be pleased to accept and allow this Writ Petition and, by an appropriate writ of Mandamus, order, or direction in the nature thereof: i) Direct the Respondents to De-freeze/release the Bank Account No. 100087592581 of the petitioner maintained with the Respondent No. 3 bank forthwith, in the interest of justice. ii) Direct the Respondents to remove/lift the lien, if any, marked on the account of the petitioner forthwith, so as to enable the petitioner to operate the said bank account. iii) Alternatively, direct the Respondents to lien mark only the disputed amount and de-freeze the remainder of the Bank Account No. 100087592581 of the petitioner maintained with Respondent No. 2 forthwith. iv) Pass any other order which this Hon'ble Court may deem fit and proper in the facts and circumstances of the case in favor of the humble petitioner, along with the cost of the Writ Petition." 3. Learned counsel for the petitioner submits that the petitioner has never misused his bank account for the purpose of illegal [2026:RJ-JP:2266] (2 of 3) [CW-19693/2025] 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 respondent No.4-The Circle Police Inspector, Sindagi Circle Vijaypura District Karnataka State. Learned counsel for the respondent-Bank also submits that, as per information received, the disputed amount is around Rs.1,799/- 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 complete restriction on transactions is seriously prejudiced to the [2026:RJ-JP:2266] (3 of 3) [CW-19693/2025] 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.100087592581 with Indusind Bank Ltd., of the petitioner, and he may be allowed to operate transactions in his bank account, while freezing only the amount of Rs.1,799/-, 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 SOURAV /33