[2025:RJ-JD:51985]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Writ Petition No. 882/2025 M/s Fahana Handicrafts, Through Its Authorized Proprietor Farhana Bano W/o Shri Salim, Aged 42 Years, R/o Kadra Mandi Ki Dhal, Padhane Vesh Ki Haveli Ke Pass, District Jodhpur, Rajasthan.

----Petitioner Versus

1. State Of Rajasthan, Through Director General Of Police, Police Directorate, Jaipur, Raj.

2. National Cyber Crime Reporting Portal Represented By Its Director, National Highway-8, Mahalipur, New Delhi, Pin-

110037

3. The Commissioner Of Police, Home Department, Jodhpur, Rajasthan.

4. Station House Officer, Cyber Crime Cell, Hapur, Uttar Pradesh.

5. Station House Officer, Cyber Crime Cell, Jagaddal, West Bengal

6. Station House Officer, Cyber Crime Cell, Karnal, Haryana.

7. Branch Manager/Nodal Officer, Bank of India Bank, Jodhpur Branch, Jodhpur, District Jodhpur, Rajasthan.

----Respondents For Petitioner(s) : None present For Respondent(s) : Mr. Prem Singh Panwar, PP HON'BLE MR. JUSTICE KULDEEP MATHUR

Order

02/12/2025

1. The instant writ petition under Article 226 of the Constitution of India has been filed by the petitioner seeking the following reliefs:-

“It is, therefore, humbly prayed that the present Criminal Writ Petition may kindly be allowed and by an appropriate, order or direction-

(i) By the Issuance of an appropriate writ, order, or direction, the impugned actions of the respondent bank and the respondent investigating agency, may kindly be declared illegal, unjust, arbitrary, and unconstitutional, Consequently, the same may be quashed, set aside, and rendered null and void in the interest of justice (ii) By an appropriate writ, order or direction, the respondent may kindly be directed to de-freeze the bank account bearing number 661020110001021 of the petitioner's M/S Farhana handicrafts in Bank Of India bank.

(ii) By an appropriate writ, order or direction, the respondent may kindly be directed to not freeze the bank account of the petitioner in future without prior notice.

(iv) Any other order or direction which this Hon'ble Court deems just and proper may kindly be passed in favour of the petitioner.”

2. Having considered the facts and circumstances of the case, this Court deems it just and proper to dispose of this writ petition with a direction to the Bank of India (Respondent No.7) to keep the disputed amount (the amount which was transferred illegally in the bank account of the petitioner) frozen and allow the petitioner to make transactions from his bank account from the remaining balance.

3. It is further made clear that in case, the respondent – Bank has not received the information regarding the exact figure of the disputed amount, which the Investigating Officer/Police alleges to be receipt(s) of the offence, the bank shall send a communication to the concerned Investigating Officer/Police, to indicate the amount to be earmarked for lien, while endorsing a copy of the instant order.

4. Upon receipt of such communication/letter, the concerned Investigating Officer/Police shall be under an obligation to apprise the respondent - Bank about the amount to be kept in lien, within a period of seven days of receiving the communication from the respondent - Bank. The respondent – bank shall thereafter do the needful as directed herein above.

5. It is further made clear that in case, the respondent-Bank does not receive any reply from the concerned Investigating Officer/Police, then it shall be duty bound to act in accordance with the instant order.

6. Stay petition as well as all pending application, if any, stand disposed of.

(KULDEEP MATHUR),J

274-Dinesh/-