[2025:RJ-JP:51221]

HIGH COURT OF JUDICATURE FOR RAJASTHAN

BENCH AT JAIPUR

S.B. Civil Writ Petition No. 18218/2025

Mahendra Kumar Bairwa S/o Mukh Ram Bairwa, Aged About 32

Years, Bairwa Mohalla Ranoli, Karauli, Rajasthan - 322220

----Petitioner

Versus

1. State Of Rajasthan, Through The Secretary, Department

Of Home Affairs, Government Of Rajasthan, Secretariat,

Jaipur - 302005.

2. State Bank Of India, Through Its Branch Manager,

Address Shri Mahavirji, Karauli, Rajasthan, 322220.

3. Inspector Of Police, Police Station Chirala I Town, Bapatla,

Andhra Pradesh. Pin Code- 523155.

----Respondents

For Petitioner(s) : Mr. Kuldeep Devra for

Mr. Adarsh Singhal

For Respondent(s) : Ms. Suruchi Kasliwal

Ms. Devakriti Vashishtha with

Ms. Bhagyashree Jain for

Mr. Bhuwnesh Sharma, AAG

HON'BLE MR. JUSTICE SANDEEP TANEJA

Order

18/12/2025

1. The instant writ petition has been filed by the petitioner with

the following prayers:-

“(i) Issue a writ in the nature of Mandamus or any other appropriate writ, order or direction commanding the Respondent Bank to immediately unfreeze the current account of the petitioner bearing Account No. 61208951402, held with

State Bank of India.

(ii) Direct the Respondent Bank to provide written reasons for the freezing of the account and any communication received from Cyber Crime

authorities, if any.

(iii) Declare that the action of the Respondent Bank is arbitrary, illegal, and violative of Articles 14, 19(1)(g), and 300A of the Constitution of

India.

(iv) Award costs of this petition in favour of the

Petitioner.

(v) Pass such further or other orders as may be deemed just and proper in the facts and

circumstances of the case.

(vi) Any other appropriate order or direction which is deemed just and proper in the facts and circumstance by this Hon'ble Court may also be passed in favour of the petitioner's committee.”

2. Learned counsel for the petitioner submits that the petitioner has not been involved in any cyber fraud activity, and that his entire account has been freezed by the Bank authorities on account of receiving an amount allegedly being part of cyber fraud transactions. He further submits that the petitioner is ready and willing to co-operate with the investigation and the bank authorities as and when required.

3. Learned counsel for the respondent - Bank submits that account of the petitioner has been freezed in compliance with the direction of Investigating Officer regarding complaints of cyber crime committed and alleged disputed amount deposited in the bank account of the petitioner.

4. In view of the above facts and circumstances of the case, the instant writ petition is disposed of by issuing direction to the respondent - Bank to de-freeze the bank account of the petitioner bearing No. 61208951402 with State Bank of India, Shri MahavirJi, Karauli, Rajasthan. However, the respondents are directed to freeze the disputed amount only, which is alleged to have been credited in the aforesaid account of the petitioner in connection with the fraudulent transactions. The petitioner shall be allowed to operate the aforesaid bank account and make transactions for the balance amount.

5. 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 genesis of the offence, the Bank shall send a communication to the concerned Investigating Officer / Police, to indicate the amount to be earmarked for lien.

6. 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 concerned bank shall thereafter do the needful as directed hereinabove.

7. It is made clear that the petitioner will co-operate with the bank authorities and Investigating Agency and will appear before them as and when required.

8. This Cou