2026 Supreme(Online)(Raj) 1673
HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
SUNIL BENIWAL
PHOOL SINGH MINA – Appellant
Versus
STATE BANK OF INDIA – Respondent
CW / 2053 / 2026
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[2026:RJ-JD:5483]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 2053/2026
Phool Singh Mina S/o Man Singh Mina, Aged About 24 Years, R/o
Laxminath Ji Ka Mandir, Vpo Chawandia, Tehsil- Jamwaramgarh,
District- Jaipur, Pin-303301
----Petitioner
Versus
1. State Bank Of India, Through Its Branch Manager At
Bassi, District Jaipur Rural, Rajasthan.
2. State Of Rajasthan, Through Director General Of Police,
Police Directorate, Jaipur, Rajasthan.
3. National Cyber Crime Reporting Portal, Represented By
Its Director, National Highway-8, Mahalipur, New Delhi,
Pin 110037.
----Respondents
For Petitioner(s) : Mr. Vikram Nimbark
Mr. Harsh Gupta
For Respondent(s) : --
HON'BLE MR. JUSTICE SUNIL BENIWAL
Order
30/01/2026
1. The instant writ petition under Article 226 of the Constitution
of India has been filed by the petitioner seeking the following
reliefs:-
“It is therefore most respectfully prayed
that this writ petition may kindly be
allowed and by an appropriate writ, order
or direction: -
1. The respondents may be directed to
complete the investigation from the
petitioner (if any) and allow the petitioner
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to operate his bank account on provisional
basis without any interruption.
2. The petitioner is holding a Account No.:
61288188284, IFSC Code: SBIN0031039,
Customer Name: PHOOL SINGH MINA Is in
The Respondent the State Bank Of India,
Bassi, District-Jaipur Rural Branch. Kindly
direct the respondents to unfreeze account
and remove the debit freeze.
3. Kindly allow the petitioner to operate his
account and use his own amount deposited
in the bank.
4. Any other appropriate order which this
Hon'ble Court deems fit and proper in the
facts and circumstances of the case, may
also kindly be passed in favour of the
petitioner.”
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
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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
20-Ashutosh/-
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