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2026 DAILYLAW 2436 (RAJ)

ARCHNA DEVI W/O SATISH KUMAR JOGI v. STATE OF RAJASTHAN

CW/6181/2026 · 2026-04-22

Anuroop Singhi

body2026

Judgment text

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[2026:RJ-JP:17008] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 6181/2026 Archna Devi W/o Satish Kumar Jogi, Aged About 29 Years, R/o B 45 Mungaska, Janta Colony, Alwar (Raj.) ----Petitioner Versus 1. State Of Rajasthan, Through Principal Secretary, Department Of Home, Secretariat, Jaipur, (Raj.) 2. Indusind Bank, Through Its Branch Manager, Branch- Ground Floor Dreams, Near Bijali Ghar Circle, Gaurav Path, Alwar, Rajasthan. 3. Dig Cyber Crime, Police Headquarters, Jaipur, Rajasthan- 302005 ----Respondents For Petitioner(s) : Mr. Dikshant Jain for Mr. Ashvini Raj Tanwar For Respondent(s) : Ms. Sunita Meena for Mr. Bhuwnesh Sharma, AAG Ms. Neha Sharma with Ms. Harshita Singhal for Mr. Vineet Sharma HON'BLE MR. JUSTICE ANUROOP SINGHI Order 22/04/2026 1. The present writ petition has been filed with the following prayers:- “It is, therefore, respectfully prayed that this writ petition may kindly be allowed with costs and this Hon’ble Court may be pleased to issue appropriate writ, order or direction in the nature thereof thereby; 1. Direct the respondents to immediately unfreeze the Petitioner bank account, bearing Account No.,157425979824 maintained with Respondent No.2 – INDUSIND BANK, IFSC Code:INDB0000411; 2. Declare the freezing of the petitioner’s bank account without authority or due process of law is [2026:RJ-JP:17008] (2 of 4) [CW-6181/2026] illegal, arbitrary, and violative of Articles 14, 19(1) (g), and 21 of the Constitution of India; 3. Pass any other appropriate order or direction which this Hon’ble Court may deem just and proper in the facts and circumstances of the present 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. None appears for the respondent-Bank. 6. Learned counsel for the respondent – State submits that the disputed amount credited in petitioner’s bank account is Rs.5560/- and as the petitioner is the beneficiary of an amount involved in financial cyber fraud complaint(s) wherein the investigation is undergoing, no interference is called for at this stage. 7. Heard learned counsel for the parties. The relevant Bank account details involved in the present writ petition are as follows: Name of the account holder Bank account number Branch Address [2026:RJ-JP:17008] (3 of 4) [CW-6181/2026] Archna Devi 157425979824 IndusInd Bank, Branch Ground Floor Dreams, Near Bijali Ghar Circle, Gaurav Path,Alwar, Rajasthan 8. 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. 9. Consequently, this writ petition is disposed of with the following directions:- i) The respondent – Bank shall de-freeze the bank account No.157425979824 of the petitioner maintained at IndusInd Bank, Branch Ground Floor Dreams, Near Bijali Ghar Circle, Gaurav Path,Alwar, Rajasthan, 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 account over and above the disputed amount, in accordance with law. However, the disputed amount i.e., Rs.5560/- which has been credited in the petitioner’s bank account in connection with the alleged fraudulent transaction(s) shall remain frozen; ii) The petitioner shall co-operate with the Bank Authorities and the Investigating Agencies and will appear before them, as and when required; [2026:RJ-JP:17008] (4 of 4) [CW-6181/2026] iii) The petitioner shall not close or discontinue the bank account 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 her bank account 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 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. 10. Pending application(s), if any, shall stand disposed of accordingly. (ANUROOP SINGHI),J DIKSHA MISHRA /36