VANSH GARG S/O SATISH KUMAR GARG v. STATE OF RAJASTHAN
CW/5900/2026 · 2026-04-28
Anuroop Singhi
body2026
DailyLaw.ai
[ 2026 DAILYLAW 3168 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 3168 (RAJ) · dailylaw.ai ]
Judgment text
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[2026:RJ-JP:17977] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 5900/2026 Vansh Garg S/o Satish Kumar Garg, Aged About 21 Years, R/o Ward No.17, Padampur, District Ganganagar (Raj.) ----Petitioner Versus
1. State Of Rajasthan, Through Principal Secretary, Department Of Home, Secretariat, Jaipur.
2. Dy. Inspector General, Cyber Crime, Rajasthan, Jaipur
3. Indian Overseas Bank, Capital High Street, Cpi-231, Shop No. E-Lgf 05,06,07,08,09,10, Apparel Park, Riico Industrial Area, Main Mahal Road, Jaipur Through Branch Manager ----Respondents For Petitioner(s) : Mr. Dharmendra Fageriya with Mr. Himanshu Singh Meel For Respondent(s) : Mr. Munendra Singh Fouzdar for Mr. Somitra Chaturvedi, Dy. G.C.
HON'BLE MR. JUSTICE ANUROOP SINGHI
Order 28/04/2026
1. The present writ petition has been filed by the petitioner with the following prayer:-
“It is therefore, most humbly prayed that this Hon’ble Court may graciously be pleased to accept and allow this writ petition; and further be pleased to direct the respondents to de-freeze the saving account number 382001000001975 with the Respondent Indian Overseas Bank Branch Capital High Street, CPI – 231, Shop No. E-LGF 05, 06, 07, 08, 09, 10, Apparel Park, RIICO Industrial Area, Main Mahal Road, Jaipur IFSC Code IOBA0003820 and allow the petitioner to make transaction in its bank account regularly. Any other order/ direction /relief which this Hon’ble Court deems proper in the facts and circumstances of the case may also be passed in favor of the petitioner along with cost.”
[2026:RJ-JP:17977] (2 of 4) [CW-5900/2026]
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 submits that the disputed amount is Rs.21,000/- and the bank account of the petitioner has been frozen strictly in compliance of financial cyber fraud complaint(s).
6.
Learned counsel for the respondent 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 respondent 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. [2026:RJ-JP:17977] (3 of 4) [CW-5900/2026]
9. 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 Vansh Garg 382001000001975 Indian
Overseas Bank, Capital High Street,
CPI-231, Shop No. E-LGF 05,06,07,08,09,10, Apparel Park, RIICO Industrial Area, Main Mahal Road, 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 No.382001000001975 of the petitioner maintained at Indian Overseas Bank, Capital High Street, CPI-231, Shop No. E-LGF 05,06,07,08,09,10, Apparel Park, RIICO Industrial Area, Main Mahal Road, Jaipur, positively within a period of three days from the date of submission of certified copy of this order and the
[2026:RJ-JP:17977] (4 of 4) [CW-5900/2026] 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.21,000/- 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; 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 the 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. 12. Pending application(s), if any, shall stand disposed of accordingly. (ANUROOP SINGHI),J DANISH USMANI /32