Citation : 2026 Latest Caselaw 6739 Raj
Judgement Date : 27 April, 2026
[2026:RJ-JD:19630]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 9014/2026
Gaurav Damami S/o Santosh Kumar Damami, Aged About 19
Years, Resident Of Seeta Niwas, Near Ayyappa Temple,
Govardhan Nagar, Nimbahera, District Chittorgarh, Rajasthan.
----Petitioner
Versus
1. Indian Bank, Through Its Branch Manager At Kailash
Nagar Ii, Jk Cement Works, Nimbahera, District
Chittorgarh, Rajasthan.
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.
4. Superintendent Of Police, Collectrate Circle, Dausa,
Rajasthan.
5. Sho, Cyber Police Station, Gorakhpur, Uttar Pradesh.
----Respondents
For Petitioner(s) : Mr. Pranjal Babel
For Respondent(s) : --
HON'BLE MR. JUSTICE KULDEEP MATHUR
Order
27/04/2026
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: -
1. The respondents may be directed to complete the investigation from the petitioner firm (if any) and allow the petitioner- firm to operate its bank account on provisional basis without any interruption.
2. The petitioner is holding a Bank Account No.:
8052905160, IFSC Code: IDIB000N59, Customer Name:
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[2026:RJ-JD:19630] (2 of 3) [CW-9014/2026]
Gaurav Damami in The Respondent bank i.e. Indian Bank, Kailash Nagar II, JK Cement Works, Nimbahera, District Chittorgarh. Kindly direct the respondents to unfreeze account and remove the debit freeze.
3.Kindly allow the petitioner- firm to operate its account and use its own amount deposited in the bank as the petitioner has no involvement with the alleged FIR and thus the entire bank account freezing is arbitrary and thus the disputed transaction as remains unstated by the bank and cyber police is required to be removed and account is required to be unfreeze.
4. 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 favour 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 Bank (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.
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[2026:RJ-JD:19630] (3 of 3) [CW-9014/2026]
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 59-sonia/-
(Uploaded on 27/04/2026 at 02:56:13 PM)
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