[2026:RJ-JP:16176] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 6051/2026 M/s Savitri Motors, At Vrindavan Garden, Teli Mohalla Road, Madanganj Kishangarh, Ajmer, Rajasthan, 305801 Through Its Proprietor Smt. Savitri Rathi. ----Petitioner Versus 1. Union Of India, Through Ministry Of Home Affairs Through Secretary, Address North Block, Secretariat, Raisina Hill, New Delhi - 110001 2. The Inspector Of Police / SHO, Cyber Police Station Mayyil, District- Kannur, Kerala - 670602 3. The Inspector Of Police / SHO, Cyber Police Station Hosur, District - Krishnagiri, Tamil Nadu - 635109. 4. The Inspector Of Police / SHO, Cyber Police Station Kotwali Dehat, District - Balrampur, Uttar Pradesh - 271201. 5. Deputy Inspector General Of Police (DIG), Cyber Crime Cell Rajasthan, At Police Headquarters, Lal Kothi, Distirct - Jaipur, Rajasthan - 302015. 6. Bank Of Maharashtra, Branch- Kishangarh, At Purani Mill Choraha, Madanganj, Kishangarh, District- Ajmer, Rajasthan 305801 Through Its Branch Manager/ Nodal Officer. ----Respondents For Petitioner(s) : Mr. Abhiuday Karan Barwar Ms. Aman Manju For Respondent(s) : Ms. Sumati Bishnoi Mr. Himanshu Tholia through VC Mr. Somitra Chaturvedi, Dy GC HON'BLE MR. JUSTICE ANUROOP SINGHI Order 17/04/2026 1. The present writ petition has been filed with the following prayers:- “It is, therefore, humbly prayed that yours Lordships may graciously be pleased to accept and [2026:RJ-JP:16176] (2 of 5) [CW-6051/2026] allow this writ petition by calling the entire record and after perusal of the same:- i. Issue an appropriate writ, order or direction in the nature of mandamus, directing the Respondents, particularly Respondent Nos., to forthwith unfreeze and restore operational access to the petitioner’s bank account bearing No.60320334964, IFSC: MAHB0001512, maintained with Bank of Maharashtra, Branch – Kishangarh, at Purani Mill Choraha, Madanganj, Kishangarh, District- Ajmer; ii. Issue a writ, order or direction declaring that the freezing of the petitioner’s bank account without authority or due process of law is illegal, arbitrary, and violative of Articles 14, 19(1)(g), 21 and 300A of the Constitution of India; iii. Issue a writ, order or direction declaring that the freezing of the petitioner’s bank account without authority or due process of law is illegal, arbitrary, and violative of Articles 14, 19(1)(g), 21 and 300A of the Constitution of India; iv. Direct the Respondents to compensate the petitioner for the loss of business costs around 20 Lakh and harassment caused due to the illegal and unwarranted freezing of its account; v. Pass such other and further orders as may be deemed just, fit and proper in the facts and circumstances of the case, in the interest of justice. vi. Cost of litigation may be allowed in the favour of the humble 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). [2026:RJ-JP:16176] (3 of 5) [CW-6051/2026] 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 the disputed amount is Rs.5231.45 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 – 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 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 account details involved in the present writ petition are as follows: [2026:RJ-JP:16176] (4 of 5) [CW-6051/2026] Name of the account holder Bank account number Branch Address M/s Savitri Motors 60320334964 Bank of Maharashtra, Branch Kishangarh at Purani Mill Choraha, Kishangarh, District Ajmer. 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.60320334964 of the petitioner maintained at Bank of Maharashtra, Branch Kishangarh at Purani Mill Choraha, Kishangarh, District Ajmer, 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.5231.45 which has been credited in the petitioner’s bank account in connection with the alleged fraudulent transaction(s) shall remain frozen; [2026:RJ-JP:16176] (5 of 5) [CW-6051/2026] 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 his 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 JAYANT KUMAR /21