[2026:RJ-JP:7505]

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 2131/2026 Lalit Swami S/o Shri Rakesh Swami, Aged About 20 Years, R/o Ward No. 6, Pink House Road, Jeevan Hospital Sikar, Post Sikar, Distt. Sikar-332001 Rajasthan ----Petitioner Versus

1. State Of Rajasthan, Through Principal Secretary Department Of Home, Secretariat, Jaipur

2. Rbi Regional Head, Regional Office Rambagh Circle, Tonk Road, Jaipur, Rajasthan.

3. The Branch Manager, Head Office, Bank Of Baroda, Baroda Bhawan, 7 Th Floor, R.c. Datt Road, Vadodara, Gujarat 390007.

4. The Branch Manager, Bank Of Baroda Muslim Mohalla Branch, Sikar, Distt. Sikar (Raj.)

5. The Station House Officer, Cyber Crime, Police Station Amb, Distt. Una, Himachal Pradesh.

6. The Station House Officer, Cyber Crime, Police Station Siwan, Distt. Kaithal, Haryana.

----Respondents For Petitioner(s) : Mr. Fatehchand Saini For Respondent(s) : Ms. Sunita Meena for Mr. Bhuwnesh Sharma, AAG Mr. Laxmikant Sharma for Mr. Ram Naresh Vijay HON'BLE MR. JUSTICE ANUROOP SINGHI

Order

17/02/2026

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

“It is therefore, respectfully prayed that your Lordships may kindly pleased to call for the entire record of the case, examine the same and allow the writ petition by passing an appropriate writ, order or direction:-

i) by an appropriate writ order or direction the respondents be directed to immediately unfreeze the current Bank Account No.18710200007420 at Bank of Baroda Muslim Mohalla Branch, Sikar, Distt. Sikar of the petitioner and allow him to operate the said account without any restriction;

ii) by an appropriate writ order or direction the respondents be directed to provide complete details of the alleged cyber complaint along with the name of the complainant and nature of complaint to the petitioner;

iii) by an appropriate writ order or direction the respondent No. 2 be directed to issue necessary guidelines to all banks to ensure that no bank account is frozen without providing show cause notice and opportunity of hearing to the account holder;

iv) Any other order which this Hon’ble Court deems fit in the facts and circumstances of the case may also be passed in favour of the petitioner,”

2. Learned counsel for the petitioner submits that the petitioner has never misused the aforesaid bank account for the purpose of illegal transactions and has not committed any cyber crime and has no relation whatsoever to the alleged fraudulent transaction(s).

3. Learned counsel also submits that the petitioner is ready and willing to co-operate with the Investigating Agencies and will appear before the Bank Authorities and the Investigating Agencies as and when called upon.

4. Therefore, learned counsel prays that while the disputed amount which has been received in the petitioner's account may be frozen, the amount other than the disputed amount may kindly be allowed to be withdrawn and the petitioner may be allowed to operate and carry out the banking transactions from the said bank account.

5. Per contra, learned counsel for the respondent – Bank submits that, as per the information received, the disputed amount credited in the petitioner’s bank account is Rs.52,035.12 and the bank account of the petitioner has been freezed on the instructions of Cyber Cell, Superintendent of Police, District Una, Himachal Pradesh.

6. Learned counsel for the respondent – Bank 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.

7. Learned counsel for the respondent – State submits that as the petitioner is the beneficiary of an amount involved in a financial cyber fraud complaint and the investigation is undergoing, no interference is called for at this stage.

8. Learned counsel for the petitioner agrees with the submissions made by learned counsel for the respondent – Bank.

9. Heard learned counsel for the parties.

10. In view of the sub