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Gaurav Damami vs Indian Bank (2026:Rj-Jd:19630)
2026 Latest Caselaw 6739 Raj

Citation : 2026 Latest Caselaw 6739 Raj
Judgement Date : 27 April, 2026

[Cites 1, Cited by 0]

Rajasthan High Court - Jodhpur

Gaurav Damami vs Indian Bank (2026:Rj-Jd:19630) on 27 April, 2026

Author: Kuldeep Mathur
Bench: Kuldeep Mathur
[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:

(Uploaded on 27/04/2026 at 02:56:13 PM)

[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.

(Uploaded on 27/04/2026 at 02:56:13 PM)

[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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