Citation : 2026 Latest Caselaw 5804 Raj
Judgement Date : 15 April, 2026
[2026:RJ-JD:17252]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 7520/2026
Nikhil Bansal S/o Manohar Lal, Aged About 29 Years, Resident Of
Bye Pass Road, Kothariya, Kothariya Chak-A, Po Kothariya,
District Rajsamand, Rajasthan-313323.
----Petitioner
Versus
1. The Branch Manager, Indian Bank, Rajsamand Branch
Nataraj Palace, Near Lavish Honda, Nathdwara Road,
Kankroli, District Rajsamand-313324.
2. The Zonal Manager, Indian Bank, Zonal Office, Udaipur,
Rajasthan.
3. Reserve Bank Of India (Rbi), Through Its Governor,
Central Office Building, Shahid Bhagat Singh Marg, Fort,
Mumbai - 400 001.
4. The Station House Officer (Sho), Cyber Police Station,
Rewari, Haryana.
----Respondents
For Petitioner(s) : Mr. Rishabh Bhati
Mr. Prakash Banjara
For Respondent(s) : -
HON'BLE MR. JUSTICE KULDEEP MATHUR
Order
15/04/2026
1. The instant writ petition under Article 226 of the Constitution
of India has been filed by the petitioner seeking the following
reliefs:-
"In view of the facts stated herein above and the grounds raised, it is most humbly prayed that this Hon'ble Court may graciously be pleased to accept and allow this Civil Writ Petition and issue the appropriate Writ, Order, or Direction, as follows:
a) That an appropriate Writ of Mandamus be issued directing Respondents No. 1 and 2 (Indian Bank) to immediately un-freeze the Petitioner's Saving Bank Account No. 8191877971 maintained with the Indian
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[2026:RJ-JD:17252] (2 of 3) [CW-7520/2026]
Bank, Rajsamand Branch, and restore all banking services including debit, credit, and digital transactions.
b) That the Respondents be directed to restrict the lien/freeze only to the specific disputed quantum of 22,231/- (Rupees Two Thousand Two Hundred and Thirty-One Only) as identified in Cyber Complaint No. 21303260015853, and the Petitioner be permitted to freely operate and utilize the remaining credit balance for his daily survival and business necessities,
c) Any other order or direction which this Hon'ble Court deems fit and proper in the facts and circumstances of the case may kindly be passed in favour of the humble 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 Bank (Respondents No.1 & 2) 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.
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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.
(KULDEEP MATHUR),J 10-divya/-
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