Research › Search › Judgment

High Court of Rajasthan · body

2026 DAILYLAW 6031 (RAJ)

RK COLLECTION v. STATE OF RAJASTHAN

CW/1617/2026 · 2026-04-16

Anuroop Singhi

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

[2026:RJ-JP:15974] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR (1) S.B. Civil Writ Petition No. 548/2026 Rk Collection, Through Its Propreitor Ankit Singhal With Adress B-2, Tansihka Tower, Rk Collection, Sheopur Road, Jaipur, Rajasthan - 302029 ----Petitioner Versus 1. State Of Rajasthan, Through Additional Chief Secretary, Home Department, Government Of Rajasthan, Government Secretariat, Jaipur (Raj). 2. Director General Of Police (Cyber Crime), Police Headquarters, Lal Kothi, Jaipur, (Raj.) 3. Icici Bank, Through Its Branch Manager, 172 Rohini Nagar, Jagatpura, Jaipur (302017) 4. Station House Officer, Udhana Police Station Gujarat Surat City Udhana ----Respondents (2) S.B. Civil Writ Petition No.1617/2026 Rk Collection, Through Its Propreitor Ankit Singhal With Adress B-2, Tansihka Tower, Rk Collection, Sheopur Road, Jaipur, Rajasthan - 302029 ----Petitioner Versus 1. State Of Rajasthan, Through Additional Chief Secretary, Home Department, Government Of Rajasthan, Government Secretariat, Jaipur (Raj). 2. Director General Of Police (Cyber Crime), Police Headquarters, Lal Kothi, Jaipur, (Raj.) 3. Icici Bank, Through Its Branch Manager, 172 Rohini Nagar, Jagatpura, Jaipur (302017) 4. Station House Officer, Nandgad Police Station, Karnataka, Belagavi, Nanadgad ----Respondents For Petitioner(s) : Mr. Anmol Dhakar Mr. Pulkit Raj [2026:RJ-JP:15974] (2 of 5) [CW-548/2026] For Respondent(s) : Mr. Laxmikant Sharma for Mr. Abhishek Bhandari Ms. Devakriti Vashishtha for Mr. Bhuwnesh Sharma, AAG HON'BLE MR. JUSTICE ANUROOP SINGHI Order 16/04/2026 1. Both the writ petitions have been filed by the petitioner seeking de-freezing of its bank account. 2. Prayers made in the S.B. Civil Writ Petition No. 548/2026 reads as under :- "It is, therefore, humbly prayed that the Hon'ble Court may be pleased to accept and allow this Petition and order, judgment or direction may kindly be passed: 1) To direct the Respondent No. 01 to defreeze the above-mentioned Bank Account No. 361705500214 of the Petitioner qua the undisputed amount. 2) Without prejudice to aforesaid relief, direct the Respondents to frame appropriate guidelines regulating the procedure of defreezing the Bank Accounts. 3) Any other order or direction which this Hon'ble Court deem just and proper in the facts and circumstances of the case may also be passed in favour of the petitioners." 3. Prayers made in the S.B. Civil Writ Petition No.1617/2026 reads as under :- "It is, therefore, humbly prayed that the Hon'ble Court may be pleased to accept and allow this Petition and order, judgment or direction may kindly be passed: 1) To direct the Respondent No. 01 to defreeze the above-mentioned Bank Account [2026:RJ-JP:15974] (3 of 5) [CW-548/2026] No. 361705500214 of the Petitioner qua the undisputed amount. 2) Without prejudice to aforesaid relief, direct the Respondents to frame appropriate guidelines regulating the procedure of defreezing the Bank Accounts. 3) Any other order or direction which this Hon'ble Court deem just and proper in the facts and circumstances of the case may also be passed in favour of the petitioners." 4. As the bank account involved in both the petitions is same, both the writ petitions are being decided by this common order. 5. 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). 6. 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. 7. 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. 8. Per contra, learned counsel for the respondent – Bank submits that the disputed amount is Rs.7,977.40 and the bank account of the petitioner has been frozen strictly in compliance of financial cyber fraud complaint(s). [2026:RJ-JP:15974] (4 of 5) [CW-548/2026] 9. 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. 10. 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. 11. Learned counsel for the petitioner agrees with the submissions made by learned counsel for the respondent – Bank. 12. Heard learned counsel for the parties. 13. 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. 14. Consequently, this writ petitions are disposed of with the following directions:- i) The respondent – Bank shall de-freeze the bank account No.361705500214 of the petitioner maintained at ICICI Bank, 172 Rohini Nagar, Jagatpura, Jaipur - 302017, 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 [2026:RJ-JP:15974] (5 of 5) [CW-548/2026] above the disputed amount, in accordance with law. However, the disputed amount i.e., Rs.7,977.40 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. 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. 15. Pending application(s), if any, shall stand disposed of accordingly. 16. A copy of this order be placed in S.B. Civil Writ Petition No.1617/2026. (ANUROOP SINGHI),J VINAY /51-52