Extracted from the PDF above. The PDF is authoritative.
[2026:RJ-JP:7863] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 12828/2025 Usha Devi Wife Of Shri Harendra Teli, Aged About 36 Years, R/o 164, Narsingh Colony, Nahargarh Kile Ke Niche, Purani Basti, Brahmpuri, Jaipur 302001. ----Petitioner Versus
1. Hdfc Bank, Through Its Manager, Branch Sanganer Thana Circle, Shop No. 13-15, Opp. Sanganer Thana Circle, Behind Sani Mandir, Sanganer, Jaipur (Raj.)- 302029.
2. The Station House Officer, Ps Musheerabad, Hydrabad, (Ts)- 500080.
3. Akshitha Pulijala, Aged About 30 Years, R/o A-9, Kawadiguda Telephone Exchange Compound, Hydrabad, Telangana- 500080. ----Respondents For Petitioner(s) : Mr. Himmat Singh For Respondent(s) : Mr. Naman Yadav HON'BLE MR. JUSTICE ANUROOP SINGHI
Order 19/02/2026
1. The present writ petition has been filed with the following prayers:- This matter is squarely covered by the order by the case Sunil Yogi Vs State of Rajasthan in S.B. Civil Writ Petition No. 5421/2025 dated 16/05/2025. It is prayed that petitioner's aforesaid saving bank account number 50100301052262 may be de-freezed because disputed amount entries pertains to the
consideration of the items sold to accused and delivered physically impersonal, still if FIR is not dropped on alleged compromised between the complainant and accused then till the final decision / outcome of the FIR No. 155/2023 disputed amount
[2026:RJ-JP:7863] (2 of 4) [CW-12828/2025] may be lien marked or blocked/freezed and direction may be issued to respondents No. 2 Investigation Officer to revoke there order issued to respondent No: 1 Bank. And petitioner's writ may be allowed, and necessary writ, order or direction may be issued to the respondents To released /de-freezed /unblocked debit account no. 50100301052262 in HDFC Bank, Branch Sanganer Thana Circle, Jaipur. Or At the most lien mark/freeze only disputed amount of 3600 Rs+1600 Rs = 5200 Rs till the criminal matter is withdrawal / settled and petitioner is permitted to operate his aforesaid saving account. Any other relief which your lordship deemed just and proper 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 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
[2026:RJ-JP:7863] (3 of 4) [CW-12828/2025] 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 around Rs.12,800/- and the bank account of the petitioner has been frozen in connection with on-going investigation in financial cyber fraud complaint.
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. 50100301052262 of the petitioner maintained at HDFC Bank,
[2026:RJ-JP:7863] (4 of 4) [CW-12828/2025] Branch Sanganer Circle, Jaipur, Jaipur – 302029 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.12,800/- which has been credited in 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 JAYANT KUMAR /47