Karni General Store, Proprietor Nirmal ... vs Union Of India (2026:Rj-Jd:16255)
2026 Latest Caselaw 5426 Raj

Rajasthan High Court - Jodhpur

Karni General Store, Proprietor Nirmal ... vs Union Of India (2026:Rj-Jd:16255) on 8 April, 2026

Author: Kuldeep Mathur

Bench: Kuldeep Mathur

[2026:RJ-JD:16255]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                    S.B. Civil Writ Petition No. 7715/2026

Karni General Store, Proprietor Nirmal Kumar Nayak S/o Raju
Ram Nayak, Aged About 21 Years, R/o Aadarsh Vidhya Mandir Ke
Piche, Gangashahar, Dist. Bikaner Rajasthan.
                                                                         ----Petitioner
                                          Versus
1.          Union    Of    India,         Through       The      Secretary,    Finance
            Department, Secretariat, New Delhi.
2.          The   Branch      Manager,        Indian       Overseas     Bank,    Pokar
            Quarters,     Rani     Bazar,      Chopra        Katla,    Dist.   Bikaner,
            Rajasthan.
3.          The Zonal Manager/general Manager, Indian Overseas
            Bank Dist. Bikaner, Rajasthan
4.          National Cyber Crime Reporting Portal Represented By Its
            Director, National Highway-8, New Delhi.
                                                                      ----Respondents


For Petitioner(s)              :     Mr. Ramniwas Haniya
For Respondent(s)              :     --



              HON'BLE MR. JUSTICE KULDEEP MATHUR

Order

08/04/2026

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, humbly prayed that the present Writ Petition may kindly be allowed and by an appropriate, order or direction-

(i) By an appropriate writ, order or direction, the respondent may kindly be directed to de-freeze the bank account bearing Account Number 160802000000740.

IFSC Code- IOBA00001608 of the Petitioner in RespondentIndian Overseas Bank Branch Rani Bazar Chopra Katla.

(ii) By an appropriate writ, order or direction, the respondent may kindly be directed to not freeze the

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[2026:RJ-JD:16255] (2 of 3) [CW-7715/2026]

bank account of the petitioner in future without prior notice.

(iii) Any other order or direction which this Hon'ble Court deems just and proper may kindly be passed in favor 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 Indian Overseas Bank (Respondent Nos.2 &

3) 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.

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6. Stay petition as well as all pending application, if any, stand

disposed of.

(KULDEEP MATHUR),J 71-himanshu/-

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