[2026:RJ-JP:1399]

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 19587/2025 Sanjay Kumar Sharma S/o Prabhu Dayal Sharma, R/o Ward No.

1, Nani Tehsil, District Sikar, Rajasthan.

----Petitioner Versus

1. RBI Regional Head, Regional Office Rambagh Circle, Tonk Road, Jaipur, Rajasthan.

2. Branch Manager Hdfc Bank Branch Piprali Road, Village Panchayat Shivsinghpura, Near Allen Coaching Institute, Sikar,rajasthan.

3. Director General Of Police, Police Directorate, Jaipur.

4. Commissioner Of Police, Cyber Police Station, Commissionerate, Jaipur.

----Respondents For Petitioner(s) : Mr. Surya Prakash For Respondent(s) : Mr. Naman Yadav HON'BLE MR. JUSTICE MANEESH SHARMA

Order

13/01/2026

1. Heard learned counsel for the parties.

2. The present writ petition has been filed with the following prayers:

"Therefore, it is humbly and respectfully prayed that this Hon'ble Court may kindly be pleased to accept and allow this petition and issue appropriate writ, order or direction:

(a) directing the respondents to unfreeze, resume or reactivate Bank Account No. 50200059696286, enabling the petitioner to operate the said account;

(b) passing any other order(s) which this Hon'ble Court may deem fit and proper in the facts and circumstances of the case, in favour of the petitioner."

3. Learned counsel for the petitioner submits that the petitioner has never misused his bank account for the purpose of illegal transactions and has not committed any cyber crime. Learned counsel for the petitioner submits that the petitioner is ready and willing to cooperate with the Investigating Agencies and will appear before the Bank Authorities and the Investigating Agencies as and when called upon. He therefore prays that the disputed amount, which has been received in the petitioner's account, may be frozen, but that the amount other than the disputed amount may kindly be allowed to be withdrawn. He further prays that the petitioner may be allowed to operate his bank account for the transaction of money.

4. Per contra, learned counsel for the respondent-Bank submits that the bank account of the petitioner has been frozen in pursuance of the Notice received from respondent No.4- Commissioner of Police, Cyber Police Station, Commissionerate, Jaipur. Learned counsel for the respondent-Bank also submits that, as per information received, the disputed amount is around Rs.44,280.30/- and 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.

5. Learned counsel for the petitioner agrees with the submissions made by learned counsel for the respondent-Bank.

6. Having heard learned counsel for the parties and in view of the submissions so made, this Court is of the considered view that merely because certain amount has been transferred to the petitioner's bank account in spite of the fact that the petitioner is not involved in fraudulent transaction/illegal activity/or a cyber crime, the act of freezing of the entire bank account and imposing complete restriction on transactions is seriously prejudiced to the rights of the petitioner, at the most the bank can keep lien on the amount to the extent it relates to the receipt(s) of offense/disputed amount/amount credited. However, the respondent-Bank should allow the petitioner to operate their bank account over and above such amount in accordance with the law. Therefore, this writ petition is disposed of with a direction to the respondent-Bank to de-freeze the bank account No.50200059696286 with HDFC Bank Ltd. of the petitioner, and he may be allowed to operate transactions in his bank account, while freezing only the amount of Rs.44,280.30/-, which is allegedly involved in the alleged fraudulent transaction.

7. It is made clear that the petitioner will co-operate with the Bank Authorities and the Investigating Agencies and will appear before them as and when required. It is also ordered that the petiti