HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
SUNIL BENIWAL
BHAVESH LOHAR – Appellant
Versus
THE BRANCH MANAGER – Respondent
CW / 1543 / 2026
[2026:RJ-JD:3737]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 1543/2026 Bhavesh Lohar S/o Khyali Lal Lohar, Aged About 28 Years, R/o Brahmano Ka Mohalla, Village Kheroda, Tehsil Vallabnagar District Udaipur 313602.
----Petitioner Versus
1. The Branch Manager, State Bank Of India, Branch Kheroda (Code 032226), Tehsil Vallabnagar District Udaipur (313602)
2. State Bank Of India (Code-064890), Addresh 2Nd Floor Patna Main Branch Building, West Of Gandhi Maidan Patana (Bihar) 800001.
----Respondents For Petitioner(s) : Mr. Vijendra Kumar For Respondent(s) : --
HON'BLE MR. JUSTICE SUNIL BENIWAL
Order
21/01/2026
1. The instant writ petition under Article 226 of the Constitution of India has been filed by the petitioner seeking the following reliefs:-
“(a) By an appropriate writ, order or direction, The respondent’s may be directed to Defreeze the account and money of the petitioner.
(b) By an appropriate writ, order or direction, a Bank Statement dated 07.01.2026 by which petitioner account was freeze on transaction by petitioners dated 07.01.2026 (Annexure-2)
is set aside.
(c) That the petitioner account no.00000061253154298 of State Bank of India may kindly be defreeze and the petitioner may be permitted to operate his account.
(d) by an appropriate writ, order or direction, the respondents to may kindly be directed to pay the 10% interest on the amount in the petitioner’s account which is been freeze by the bank.
(e) by an appropriate writ, order or direction, the respondents may kindly be directed to not freeze the bank account of the petitioner in future without any just reason and reasonable evidence against the petitioner of being involved in any cyber fraudulent activity.
(f) Any other order which this Hon’ble Court deems just and proper in the facts and circumstances of the case may also be passed in favour of the petitioner.
(g) The writ petition may kindly be allowed with cost.”
2. Learned counsel for the petitioner submits that a Co-ordinate Bench of this Court while dealing with similar controversy has passed order dated 25.11.2025 in S.B. Civil Writ Petition No.22577/2025 (Sita Ram vs. Bank of Baroda and Ors.). He prays that the present writ petition may also be disposed of in the same terms as the said writ petition.
3. In view of the submissions made above, the present writ petition is disposed of with a direction to the respondent-Bank 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.
4. 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.
5. 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. It is further made clear that in case, the respondent-Bank does not receive any reply from the concerned Investigating Officer/Police within the stipulated period, then it shall de-freeze the bank account of petitioner.
6. Stay petition as well as all pending applications, if any, stand disposed of.
(SUNIL BENIWAL),J
228-AbhishekK/-
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