[2026:RJ-JP:16633] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 7280/2024 Akshay Kumar Gupta S/o Late Shri Sunil Kumar Gupta, Aged About 34 Years, R/o A-342, Officers Campus, Sirsi Road, Jaipur, Rajasthan. ----Petitioner Versus 1. State Of Rajasthan, Through Principle Secretary Home, Ministry Of Home Affairs, Secretariat, Jaipur. 2. Cyber Crime Cell Nodal Agency, Through Igp(Cid-Cb) Police Headquaters, Jaipur. 3. Cyber Police Station, At Police Commissionerate, Patrakar Colony, C-Scheme, Ashok Nagar Jaipur, Through Superintendent Of Police. 4. Indusind Bank, Branch Office At C-212, Gautammarg, Gomes Defense Colony, Vaishali Nagar, Jaipur, Through Branch Manager. ----Respondents For Petitioner(s) : Mr. Avi Arun for Mr. Jitender Mituka For Respondent(s) : Ms. Neha Sharma with Ms. Harshita Singhal Ms. Sunita Meena, AGC with Mr. Vishnu Dutt Sharma, AAAG for Mr. Bhuwnesh Sharma, AAG HON'BLE MR. JUSTICE ANUROOP SINGHI Order 20/04/2026 1. The present writ petition has been filed by the petitioner with the following prayer:- “It is, therefore, most humble prayed that this Hon’ble Court may graciously be pleased to admit and allow this writ petition and call for the entire record of the matter from the respondent/non- petitioner no.-4 related to the bank accounts of the [2026:RJ-JP:16633] (2 of 5) [CW-7280/2024] petitioner and further be pleased to issue an appropriate writ order or direction in the nature a) the action of respondent no.4- bank freezing/blocking of the petitioner’s current bank account no. 201024167269 and saving bank account no. 157014410943 be declared illegal and the respondents may be directed to de-freeze the petitioner’s current bank account no. 201024167269 and saving bank account no. 157014410943 with immediate effect, and b) in alternate the respondents may be directed to hold/freeze the specific amount linked to the cybercrime investigation from the petitioner’s accounts and further the remaining funds, which are not related to the cyber complaints, should be released immediately to the petitioner, and c) The respondent no.-4 may further be directed to compensate the petitioner for its illegal withholding of the legitimate money of the petitioner causing huge economic business losses, and d) any other relief which this Hon’ble deems fit and proper in the facts and circumstances of the case may also be passed in favour of the petitioner.” 2. Learned counsel for the petitioner submits that the petitioner has never misused the aforesaid bank accounts 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. [2026:RJ-JP:16633] (3 of 5) [CW-7280/2024] 4. Therefore, learned counsel prays that while the disputed amount which has been received in the petitioner's accounts 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 accounts. 5. Per contra, learned counsel for the respondent – Bank submits that the disputed amount is Rs.32417.59 and both the saving and current bank accounts of the petitioner have been frozen strictly in compliance of financial cyber fraud complaint(s). 6. Learned counsel for the respondent – Bank further submits that the petitioner may be directed not to discontinue the bank accounts until the investigation is completed or the criminal case is decided. 7. Learned counsel for the respondent – State submits that as the petitioner is the beneficiary of an amount involved in a financial cyber fraud complaint and the investigation is undergoing, no interference is called for at this stage. 8. Learned counsel for the petitioner agrees with the submissions made by learned counsel for the respondent – Bank. 9. Heard learned counsel for the parties. The relevant Bank accounts details involved in the present writ petition are as follows: Name of the account holder Bank account number Branch Address Akshay Kumar Gupta 157014410943 (savings account) Indusind Bank, Branch Office At C- 212, Gautammarg, Gomes Defense [2026:RJ-JP:16633] (4 of 5) [CW-7280/2024] Colony, Vaishali Nagar, Jaipur Akshay Kumar Gupta 201024167269 (current account) Indusind Bank, Branch Office At C- 212, Gautammarg, Gomes Defense Colony, Vaishali Nagar, Jaipur 10. 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. 11. Consequently, this writ petition is disposed of with the following directions:- i) The respondent – Bank shall de-freeze the bank account Nos.157014410943 (savings account) and 201024167269 (current account) of the petitioner maintained at Indusind Bank, Branch Office At C-212, Gautammarg, Gomes Defense Colony, Vaishali Nagar, Jaipur, positively within a period of three days from the date of submission of certified copy of this order and the petitioner may be allowed to operate and carry out banking transactions in the said bank accounts over and above the disputed amount, in accordance with law. However, the disputed amount i.e., Rs.32417.59 shall remain frozen in the petitioner’s [2026:RJ-JP:16633] (5 of 5) [CW-7280/2024] current bank account No.201024167269 in connection with the alleged fraudulent transaction(s); ii) The petitioner shall co-operate with the Bank Authorities and the Investigating Agencies and will appear before them, as and when required; iii) The petitioner shall not close or discontinue the bank accounts till the Investigating Agencies and Bank Authorities permit the petitioner to do so; iv) If the involvement of the petitioner is found in any illegal transaction(s), the petitioner shall be liable to pay amount involved in the aforesaid illegal transaction and will face inquiry/investigation as per law; and v) The petitioner shall ensure that all the compliances required for maintaining and operating his bank accounts with the respondent – Bank are duly complied with. vi) Needless to say, that this order has been passed only in the context of de-freezing of the bank accounts 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. 12. Pending application(s), if any, shall stand disposed of accordingly. (ANUROOP SINGHI),J DANISH USMANI /24