Citation : 2026 Latest Caselaw 5428 Raj
Judgement Date : 8 April, 2026
[2026:RJ-JD:16179]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 7727/2026
Om Prakash S/o Natha Ram, Aged About 26 Years, R/o Village
Sankhwas, Teh. Marwar Mundwa, Distt Nagaur, Rajasthan
341028.
----Petitioner
Versus
1. State Bank Of India, Through Its Branch Manager / Nodal
Officer, Branch Shankwas Vua Khajwana, Marwar
Mundwa, Nagaur, Rajasthan 341028.
2. State Of Rajasthan, Through Director General Of Police,
Police Directorate, Jaipur, Rajasthan.
3. National Cyber Crime Reporting Portal, Represented By
Its Director, National Highway- 8, Mahalipur, New Delhi,
Pin 110037.
----Respondents
For Petitioner(s) : Mr. Ravindra Singh
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 most respectfully prayed that this writ petition may kindly be allowed and by an appropriate writ, order or direction:-
(i) The respondents may be directed to complete the investigation from the petitioner (if any) and allow the petitioner to operate his bank account on provisional basis without any interruption.
(ii) The respondent No. 1 bank be directed to de-freeze the saving bank account No.38436153155, IFSC Code:
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[2026:RJ-JD:16179] (2 of 3) [CW-7727/2026]
SBIN0032510, Customer Name: OM PRAKASH is in the respondent State Bank of India, Shankwas vua Khajwana, Nagaur Rajasthan -341028, and allow kindly the petitioner to operate his account and use his own amount deposited in the bank.
(iii) Any other appropriate order which this Hon'ble Court deems fit and proper in the facts and circumstances of the case, may also 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 State Bank of India (Respondent No.1) 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
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[2026:RJ-JD:16179] (3 of 3) [CW-7727/2026]
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.
(KULDEEP MATHUR),J 77-Sonia/-
(Uploaded on 08/04/2026 at 04:36:22 PM)
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