Order

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 most respectfully prayed that this Hon'ble Court may graciously be pleased to: (i) Issue an appropriate writ, order or direction, more particularly in the nature of mandamus, thereby directing the respondents to de-freeze/unfreeze the bank account of the petitioner bearing Account No. 10110159733 maintained with respondent No. 2 i.e. IDFC First Bank Limited, Manil Ka Hatha Scheme, Main Mandore Road, Paota, Jodhpur, and permit the petitioner to operate the same without any restriction;

(ii) Issue an appropriate writ, order or direction thereby directing the respondents to forthwith remove the lien/freeze imposed on the amount lying in the aforesaid bank account of the petitioner;

(iii) Issue an appropriate writ, order or direction thereby directing the respondents to produce the entire record, including any complaint, order, communication or direction on the basis of which the bank account of the petitioner has been frozen;

(iv) Declare the impugned action of the respondents in freezing the bank account of the petitioner as illegal, arbitrary, unconstitutional and violative of Articles 14, 19(1)(g), 21 and 300A of the Constitution of India;

(v) Issue an appropriate writ, order or direction thereby restraining the respondents from taking any coercive action against the petitioner in relation complaint bearing No. to the impugned RC2212023E0029, without following due process of law:

(vi) Award costs of the writ petition in favour of the petitioner;

(vii) Pass any other appropriate writ, order or direction which this Hon'ble Court may deem just and proper in the facts and circumstances of the present case in favour of the petitioner”

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 Respondent No.2 to keep the disputed amount (the amount allegedly transferred illegally into 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.