HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
KULDEEP MATHUR
HARSHAD BHAI CHOUDHARY – Appellant
Versus
STATE OF RAJASTHAN – Respondent
CW / 3711 / 2026
[2026:RJ-JD:9509]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 3711/2026 Harshad Bhai Choudhary S/o Sh. Vinod Choudhary, Aged About 33 Years, R/o Arniya Ghoda, Jain Temple Ke Samne, Arniya Ghora, Bhilwara, Rajasthan 311404.
----Petitioner Versus
1. State Of Rajasthan, Through Principal Secretary, Department Of Home, Secretariat, Jaipur, Raj.
2. Hdfc Bank, Through Its Branch Manager, Branch Shahpura, Bhilwara, Situated At Welcome Plaza, Bus Stand, Shahpura, District Bhilwara, Raj. 311404.
3. Station House Officer, Chennai Ccb, Tamil Nadu.
4. Police Inspector, Police Station Makhdumpur, District Jehanabad, Bihar.
----Respondents For Petitioner(s) : Mr. Dikshant Jain Mr. Manish Bhargaw For Respondent(s) : --
HON'BLE MR. JUSTICE KULDEEP MATHUR
Order
23/02/2026
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, respectfully prayed that this writ petition may kindly be allowed with costs and this Hon’ble Court may be pleased to issue appropriate writ, order or direction in the nature thereof thereby:
1. Direct the respondents to immediately unfreeze the No., bearing Account Petitioner bank account, 50100103554649 maintained with Respondent No. 2 HDFC BANK, IFSC Code: HDFC0004169;
2. Declare the freezing of the petitioner's bank account without authority or due process of law is illegal, arbitrary, and violative of Articles 14, 19(1)(g), and 21 of the Constitution of India;
3. Pass any other appropriate order or direction which this Hon'ble Court may deem just and proper in the facts and circumstances of the present case, in the interest of justice.. ....”
2. Having considered the facts and circumstances of the case, this Court deems it just and proper to dispose of this writ petition with a direction to the HDFC Bank (Respondent No.2) 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.
3. 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.
4. 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.
5. It is further made clear that in case, the respondent-Bank does not receive any reply from the concerned Investigating Officer/Police, then it shall be duty bound to act in accordance with the instant order.
6. Stay petition as well as all pending application, if any, stand disposed of.
(KULDEEP MATHUR),J
7-himanshu/-
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