Order

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

“It is therefore respectfully prayed that this Writ petition may kindly be accepted and allowed :-

(a) And respondent no.2 be directed to remove the debit freeze on the bank account no. 073408344249190001 ( CSB Bank, IFSC- CODECSBK 0000734, Branch- Chitrakoot (734), Jaipur) or Respondent no. 2 be directed to unfreeze the account no. 073408344249190001 (CSB Bank, IFSC CODE - CSBK0000734 Branch- Chitrakoot (734), Jaipur) apart from a lien on the disputed amount.

(b) Any other order or direction which this Hon'ble Court deems just and proper may kindly 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in the petitioner's account may be frozen, the amount other than the disputed amount may kindly be allowed to be withdrawn and the petitioner may be allowed to operate and carry out the banking transactions from the said bank account.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 the disputed amount is Rs.9,558.37 and the bank account of the petitioner has been frozen strictly in compliance of financial cyber fraud complaint(s).

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 submissions so made, this Court is of the considered view that merely because a certain amount has been transferred to the petitioner's bank account in an alleged fraudulent transaction, the act of freezing the entire bank account and imposing complete restriction on banking transactions at this stage will seriously prejudice the rights of the petitioner. At the most, the Bank can keep a lien on the amount to the extent it relates to the alleged fraudulent transaction(s) credited in the petitioner’s bank account.

11. Consequently, this writ petition is disposed of with the following directions:-

i) The respondent – Bank shall de-freeze the bank account No.073408344249190001 of the petitioner maintained at CSB Bank, situated at C-139, Vidhut Nagar, Chitrakoot, Jaipur, Rajasthan - 302021, positively within a period of three days from the date of submission of ceritifed copy of this order and the petitioner may be allowed to operate and carry out banking transactions in the said bank account over and above the disputed amount, in accordance with law. However, the disputed amount i.e., Rs.9,558.37 which has been credited in the petitioner’s bank account in connection with the alleged fraudulent transaction(s) shall remain frozen;

ii) The petitioner shall co-operate with the Bank Authorities and the Investigating Agencies and will appear before them, as and when required;

iii) The petitioner shall not close or discontinue the bank account till the Investigating Agencies and Bank Authorities permit the petitioner to do so;

iv) If the involvement of the petitioner