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(2026) Law Today Live Doc. Id. 20775 = [2026:RJ-JD:3738]
Decided on: 21.01.2026
For Petitioner(s):
Mr. Aman Khan
Constitution of India, Article 226 -- Cybercrime complaint – Freezing of Bank Account – Permissibility of -- Writ petition 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 – The bank directed to send a communication to the concerned Investigating Officer/ Police, to indicate the amount to be earmarked for lien -- In case, the respondent-Bank does not receive any reply from the concerned Investigating Officer/ Police within the stipulated period, then Bank directed to de-freeze the bank account of petitioner.
(Para 1-5)
ORDER
SUNIL BENIWAL, J. --
21/01/2026
1. The instant writ petition under Article 226 of the Constitution of India has been filed by the petitioner seeking the following reliefs:-
“a. By an appropriate writ, order or direction, the respondent may kindly be directed to un-freeze the bank account no.38210100005316 of the petitioner.
b. By an appropriate writ, order or direction, the respondent may kindly be restrained from freezing the bank account of the petitioner in future in connection with cybercrime complaint acknowledgement no.32705230022920 dated 15.05.2023 lodged at Bhagat-Ki-Kothi Police Station, Jodhpur.
c. By an appropriate writ, order or direction, the respondent may kindly be directed to not freeze the bank account of the petitioner in future without prior notice.
d. Any other order or direction which this Hon’ble Court deems just and proper may kindly be passed in favour of the petitioner.
e. Cost of the writ petition may kindly be awarded to 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 as 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.
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.
Order accordingly.
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