[2026:RJ-JP:15999] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 5035/2026 Kuldeep S/o Devendra, Aged About 28 Years, R/o Ward No. 17, Railway Colony, Nadbai, Bharatpur, Rajasthan-321602 ----Petitioner Versus 1. 2. State Of Rajasthan, Through The Secretary, Department of Home, Government of Rajasthan, Govt. Secretariat, C- Scheme, Jaipur, Rajasthan. Deputy Inspector General, Cyber Crime, Police Head Quarter, Lalkothi, Rajasthan-302015. 3. Station House Officer (SHO), Police Station Nadbai, District Bharatpur, Rajasthan. 4. Special Cell, Delhi Police, Through its Nodal Officer/ Head of Special Cell, Delhi. 5. Branch Manager, HDFC Bank, Branch- Nadbai, Ground Floor, Jagwayan Food Industries, Near Railway Crossing, Dehra Road, Nadbai, District Bharatpur, Rajasthan- 321602 ----Respondents For Petitioner(s) : Mr. Bhawani S. Saini Mr. Deepak Verma For Respondent(s) : Mr. Somitra Chaturvedi, Dy. G.C. Mr. Naman Yadav HON'BLE MR. JUSTICE ANUROOP SINGHI Order 16/04/2026 1. The present writ petition has been filed with the following prayers:- “It is, therefore, most respectfully prayed that this Hon’ble Court be pleased to call for the entire record relating to this case and after pursuing the same maybe pleased to accept and allow this writ petition, and may graciously be pleased to: i. Issue an appropriate writ, order or direction in the nature of certiorari / mandamus and thereby [2026:RJ-JP:15999] (2 of 5) [CW-5035/2026] quash and set aside the action of the respondents whereby the bank account of the petitioner bearing Account No.50100804442717 maintained with HDFC Bank, Branch Nadbai, has been illegally frozen/blocked. ii. Issue an appropriate writ, order or direction directing the respondents as well as the concerned bank authorities to immediately defreeze/unblock the aforesaid bank account of the petitioner maintained with HDFC Bank, Branch – Nadbai, so as to enable the petitioner to operate the said account. iii. In the alternative, direct the respondents that if any amount is required to be secured in connection with the alleged transaction, the respondents may retain or place lien only to the extent of the disputed amount of Rs.751/-, and permit the petitioner to operate the remaining amount in the said bank account. iv Grant any other appropriate writ, order or direction which this Hon’ble Court may deem just and proper in the facts and circumstances of the present case. v. Award the costs of the writ petition 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. [2026:RJ-JP:15999] (3 of 5) [CW-5035/2026] 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.1384.38 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. 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 [2026:RJ-JP:15999] (4 of 5) [CW-5035/2026] 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.50100804442717 of the petitioner maintained at HDFC Bank, Branch Nadbai, 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.1384.38 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 his bank account with the respondent – Bank are duly complied with. [2026:RJ-JP:15999] (5 of 5) [CW-5035/2026] 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 /64