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HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
MR. JUSTICE FARJAND ALI, J
EKRAMUDEEN – Appellant
Versus
STATE OF RAJASTHAN – Respondent
Order
1. The instant criminal miscellaneous petition under Section 528 of the BNSS has been preferred seeking a direction for the respondents to defreeze the bank accounts of the petitioners.
2. The facts of the case are that alleging certain fraudulent transactions, three bank accounts of the petitioners have been freezed under the instructions of different Cyber Crime Police Stations, details of which are provided hereinunder :-
| S. No. | Name of the Bank | Account Number | Police Station which directed for freezing |
| 1. | HDFC Bank, Bilara Branch | 50200075726642 | P.S. Rohini Cyber, Delhi |
| 2. | HDFC Bank, Bilara Branch | 50200075726642 | P.S. Surat Cyber Crime, Gujarat |
| 3. | SBI Bank, Pipar City Branch | 40065025284 | P.S. Surat Cyber Crime, Gujarat |
| 4. | Axis Bank, Pipar City Branch | 922010005717669 | P.S. Surat Cyber Crime, Gujarat |
3. Learned counsel for the petitioners submits that the petitioners have not indulged in any kind of fraudulent activity. The bank accounts freezed under the instructions of the cyber police stations directly relates to the livelihood of the petitioners and they are facing great hardship and inconvenience due to the same. He further submits that even though only a certain amount is said to be disputed, f
Freezing bank accounts entirely without quantifying disputed amounts violates fundamental rights; only disputed amounts should remain on hold.
Freezing an entire bank account without evidence linking the account holder to a crime violates the right to livelihood; only specific amounts should be frozen with proper justification.
Un-freezing of account - Notice quashed - Unless and until there is a strong suspicion against the petitioners, police would not be justified in freezing account belonging to petitioners. For, such f....
Freezing of bank accounts must follow due process, ensuring transparency and protection of individuals' financial rights, especially during investigations.
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