[2026:RJ-JP:19782] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 4462/2026 Radheyshyam Regar S/o Shri Ramdeva, Aged About 54 Years, Resident Of 18, Agrasen Bihar, Shriram Ki Nangal, Jaipur, Rajasthan- 302022. ----Petitioner Versus 1. Axis Bank, Through Branch Manager / Nodal Officer, Address- Lic Building, Sector 8, Pratap Nagar, Tonk Road, Sanganer, Jaipur - 302033 2. Director General Of Police, Andhra Pradesh, Dgp Office Complex, Mangalagiri, Guntur District, Andhra Pradesh- 522503. 3. Director General Of Police Karnataka, No. 2, Police Headquarters, Nrupathunga Road, Nunegundlapalli, Ambedkar Veedhi, Bengaluru, Karnataka-560001 4. Deputy Inspector General, Cyber Crime, Police Headquarters, Rajasthan ----Respondents For Petitioner(s) : Mr. Bharat Raj Yogi, Advocate & Mr. Ratnesh Sharma, Advocate For Respondent(s) : Mr. Bhuwnesh Sharma, AAG with Ms. Devakriti Vashishtha, AAAG & Ms. Sunita Meena, Advocate HON'BLE MR. JUSTICE VINOD KUMAR BHARWANI Order 11/05/2026 The present writ petition has been filed on behalf of the petitioner with the following prayers:- "A. Issue a writ of mandamus or any other appropriate writ to the respondent Nos.1 to 3 to resolve the transaction dispute as may be; B. Issue a writ of mandamus or any other appropriate writ to direct the respondent No.1 to respondent No.2 to de-freeze the savings bank account of the petitioner. C. Issue a writ of mandamus to direct respondent No.1 to de-freeze account No.433010100009720; [2026:RJ-JP:19782] (2 of 4) [CW-4462/2026] D. Grant such other reliefs that this Hon'ble Court may deem fit to grant in the circumstances of this case. E. Any other order or direction which the Hon'ble Court deems in the facts and circumstances of the case may also kindly be granted by this Hon'ble Court. F. Cost of the writ petition may also be awarded in favour of the petitioner." Learned counsel appearing for the petitioner submits that the petitioner has never misused the aforesaid bank account for the purpose of illegal transactions, has not committed any cyber crime and has no relation whatsoever to the alleged fraudulent transaction(s). Counsel further submits that no notice or opportunity of hearing was given to the petitioner prior to seizure of her bank account. Counsel further submits that petitioner is ready & willing to co-operate with the Investigating Agencies and will appear before the bank authorities and the Investigating Agencies as and when called upon. Therefore, while the disputed amount which has been received in the petitioner's bank 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. Per-contra, learned counsel appearing for the respondents submits that the disputed amounts i.e. Rs.22716.48 & Rs.25,000/- and the bank account of the petitioner has been frozen strictly in compliance of financial cyber fraud complaint (s). Counsel 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. Learned counsel for the respondents 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. [2026:RJ-JP:19782] (3 of 4) [CW-4462/2026] Learned counsel appearing for the petitioner agrees with the submissions made by learned counsel for the respondent- bank. Heard learned counsel appearing for the parties & perused the material made available on record. 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. Consequently, this writ petition is disposed of with the following directions:- "i) The respondent–bank shall de-freeze the bank account No. 433010100009720 of the petitioner maintained at Axis Bank Branch Sanganer, Jaipur 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 amounts i.e. Rs.22716.48 & Rs.25,000/- which have 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 compliance required for maintaining and operating his bank account with the respondent – Bank are duly complied with. [2026:RJ-JP:19782] (4 of 4) [CW-4462/2026] 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." Pending application, if any, also stands disposed of accordingly. (VINOD KUMAR BHARWANI),J ASHOK