Saddm Husain vs State Bank Of India (2025:Rj-Jd:11058)
2025 Latest Caselaw 7909 Raj

Citation : 2025 Latest Caselaw 7909 Raj
Judgement Date : 25 February, 2025

Rajasthan High Court - Jodhpur

Saddm Husain vs State Bank Of India (2025:Rj-Jd:11058) on 25 February, 2025

Author: Vinit Kumar Mathur

Bench: Vinit Kumar Mathur

[2025:RJ-JD:11058]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                 S.B. Civil Writ Petition No. 4538/2025

Saddm Husain S/o Kamaludeen, Aged About 33 Years, Juna Daru
Theka, Rajmahal School Road, Jodhpur (Raj.) 342001.
                                                                     ----Petitioner
                                     Versus
1.         State Bank Of India, Through Its Branch Manager, Branch
           Gulab Sagar, Near Gulab Sagar, Jodhpur.
2.         The State Cyber Cell, Madhya Pradesh, City Kotwali Police
           Station, Behind Madhya Pradesh.
3.         The Cyber Police Station, Navi Mumbai Savli, Near Dr D Y
           Patil Vidyanagar, Sector 5, Opposite To Neel Paradise/tulsi
           Maidan, Nerul, Navi Mumbai, Maharashtra 400706.
                                                                  ----Respondents


For Petitioner(s)          :     Mr. Asif Khan Mehar.
For Respondent(s)          :     Mr. Devkinandan Vyas.



           HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

Order

25/02/2025

1. Learned counsel for the parties are in agreement that the

controversy involved in the present writ petition is squarely

covered by a judgment rendered by this Court in S.B. Civil Writ

Petition No.20616/2024 (M/s. Shakewallah vs. The Branch

Manager & Ors.), decided on 13.12.2024, which reads as

under:-

"1. Heard learned counsel for the parties.

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

[2025:RJ-JD:11058] (2 of 4) [CW-4538/2025]

"I. By an appropriate writ, order or direction, the respondents may be directed to remove the freeze on the bank account and money of the petitioner. II. By an appropriate writ, order or direction, the Notice (Annexure-4) by which the bank account of the petitioner was put on freeze may kindly be quashed and set aside.

III. By an appropriate writ, order or direction, the respondents may kindly be directed to pay the 10% interest per annum on the amount in petitioner's account which has been put on freeze from the date of the freeze till the date of release.

IV. By an appropriate writ, order or direction, the respondents may kindly be restricted from putting the bank account of the petitioner under freeze in future without any just reason and reasonable evidence against the petitioner of being involved in any cyber fraudulent activity.

V. In alternate, the petitioner prays that the petitioner is ready to submit/ give a bank guarantee of the disputed/fraudulent amount (as claimed by the respondent No.2) in the bank. Hence, the respondents may kindly be directed to remove the freeze on the remaining amount of money in the bank account of the humble petitioner."

3. Learned counsel for the petitioner submits that the petitioner has never misused his bank account for the purpose of illegal transactions and has not committed any cyber crime. Learned counsel for the petitioner 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. He, therefore, prays that the disputed amount which has been received in petitioner's account may be freezed but, the amount other than the disputed amount may be allowed to be withdrawn. He further prays that the

[2025:RJ-JD:11058] (3 of 4) [CW-4538/2025]

petitioner may be allowed to operate his bank account for the transaction of money.

4. Per contra learned counsel for the respondent- Bank submits that the bank account of the petitioner has been freezed in pursuance of the Notice received from respondent No.2-Assistant Police Inspector, Worli Police Station, Mumbai. Learned counsel for the respondent-Bank also submits that till the matter is pending investigation, the bank account of the petitioner may not be closed and he my be directed not to discontinue the bank account until the investigation is completed.

5. Learned counsel for the petitioner is agreeable with the submissions made by counsel for the respondent-Bank.

6. In view of the submission made before this Court, the writ petition is disposed of with a direction to the respondent-Bank to de-freeze the bank account No.50200039680122 of HDFC Bank Ltd. of the petitioner and he may be allowed to operate the transaction in his bank account, freezing only the amount of Rs.510/- which is allegedly involved in a fraudulent transaction.

7. It is made clear that the petitioner will co- operate with the Bank Authorities and the Investigating Agencies and will appear before them as and when required. It is also ordered that the petitioner shall not close or discontinue his bank account till the Investigating Agencies and Bank Authorities permit the petitioner to do so. It is further ordered that after the investigation if the petitioner is found involved in any illegal transaction, he shall be liable to pay the amount involved in the illegal transaction and will face the enquiry/investigation as per the law.

[2025:RJ-JD:11058] (4 of 4) [CW-4538/2025]

8. Stay petition and other pending applications, if any, shall stand disposed of accordingly."

2. In view of the above, the present writ petition is disposed of

in terms of judgment passed in M/s. Shakewallah (supra).

3. Additionally, in view of the undertakings submitted by

learned counsel for the petitioner, it is ordered that the petitioner

will not use the present Saving Bank Account for commercial

transaction and he will be free to move an appropriate application

for opening the current bank account with the respondent-bank

for commercial transaction.

4. The petitioner will appear as and when required by the

management of the Bank for explaining the transactions