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2026 DAILYLAW 21063 (RAJ)

SHRI RAJESH S/O HARLAL v. INDIAN BANK

CW/20492/2025 · 2026-02-17

Anuroop Singhi

body2026

Judgment text

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[2026:RJ-JP:7498] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 20492/2025 Shri Rajesh S/o Harlal, Aged About 49 Years, R/o Warispura, Jhunjhunu - 333041, Rajasthan. ----Petitioner Versus 1. Indian Bank, Through Its Regional Nodal Officer, Address 5/11, Latasara Paradise, Man Nagar, Jhunjhunu - 333001, Rajasthan. 2. Station House Officer, Police Station, Reasi, Pin Code - 182311, Jammu And Kashmir. ----Respondents For Petitioner(s) : Mr. Abhishek Paliwal For Respondent(s) : Mr. Vikas Jain HON'BLE MR. JUSTICE ANUROOP SINGHI Order 17/02/2026 1. The present writ petition has been filed with the following prayers: “In view of the facts and grounds stated hereinabove, it is most respectfully prayed that this Hon’ble Court may graciously be pleased to: A) Issue a writ of Mandamus or any other appropriate writ, order or direction, directing Respondent No. 1 to forthwith de-freeze the Petitioner’s current account bearing No. 7149401130, IFSC Code IDIB000J048, maintained with Indian Bank, Address 5/11, Latasara Paradise, Man Nagar, Jhunjhunu- 333001, Rajasthan. B) Direct the Respondent Bank to provide written reasons for the freezing of the account and any [2026:RJ-JP:7498] (2 of 4) [CW-20492/2025] communication received from Cyber Crime authorities, if any; C) Declare that the freezing of the Petitioner’s account without notice, hearing, or subsisting proceedings is violative of Articles 14, 19(1)(g), and 300A of the Constitution of India; D) Restrain the Respondents from taking any coercive or adverse action against the Petitioner or his bank account without following due process of law; E) Pass any other or further order(s) as this Hon’ble Court may deem fit and proper in the facts and circumstances of the case, in the interest of justice.” 2. Learned counsel for the petitioner submits that the petitioner has never misused the aforesaid bank account for the purpose of illegal transactions and has not committed any cyber crime and has no relation whatsoever to the alleged fraudulent transaction(s). 3. Learned counsel also 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, learned counsel prays that while the disputed amount which has been received in the petitioner's account may be 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, as per the information received, the disputed amount credited in the petitioner’s bank account is Rs.4,00,000/- [2026:RJ-JP:7498] (3 of 4) [CW-20492/2025] and the bank account of the petitioner has been frozen pursuant to a communication allegedly received in connection with a cyber fraud complaint emanating from Police Station Reasi, Jammu and Kashmir. 6. Learned counsel for the respondent – Bank 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. 7. Learned counsel for the petitioner agrees with the submissions made by learned counsel for the respondent – Bank. 8. Heard learned counsel for the parties. 9. In view of the submissions so made, this Court is of the considered view that merely because a certain amount has been transferred to the petitioner's bank account in an alleged fraudulent transaction, the act of freezing the entire bank account and imposing complete restriction on banking transactions at this stage will seriously prejudice the rights of the petitioner. At the most, the Bank can keep a lien on the amount to the extent it relates to the alleged fraudulent transaction(s) credited in the petitioner’s bank account. 10. Consequently, this writ petition is disposed of with a direction to the respondent – Bank to de-freeze the bank account No. 7149401130 of the petitioner maintained with Indian Bank, Address 5/11, Latasara Paradise, Man Nagar, Jhunjhunu-333001, Rajasthan and the petitioner may be allowed to operate and carry out banking transactions in the said bank account over and above the disputed amount, in accordance with law. However, the disputed amount i.e., Rs.4,00,000/- which has been credited in [2026:RJ-JP:7498] (4 of 4) [CW-20492/2025] the petitioner’s bank account in connection with the alleged fraudulent transaction(s) shall remain frozen. 11. 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 the bank account till the Investigating Agencies and Bank Authorities permit the petitioner to do so. 12. It is further ordered that after investigation, if the involvement of the petitioner is found in any illegal transaction, the petitioner shall be liable to pay amount involved in the aforesaid illegal transaction and will face inquiry/investigation as per law. 13. Needless to say, that this order has been passed only in the context of de-freezing of the bank account of the petitioner and in no manner is to be construed as any determination with respect to the merits of the financial cyber fraud complaint under question. 14. Pending application(s), if any, shall stand disposed of accordingly. (ANUROOP SINGHI),J DANISH USMANI /19