[Cites 1, Cited by 0]
Rajasthan High Court - Jodhpur
Chirag Nitinbhai Shah vs Union Of India (2026:Rj-Jd:9293) on 19 February, 2026
Author: Kuldeep Mathur
Bench: Kuldeep Mathur
[2026:RJ-JD:9293]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 3798/2026
Chirag Nitinbhai Shah S/o Nitinbhai Jgabhai Shah, Aged About
52 Years, Resident Of 104/05 Ram Rajay Nagar, Near Lahriya
Resort, Chopasani, Jodhpur, Rajasthan.
----Petitioner
Versus
1. Union Of India, Through Ministry Of Home Affirs Through
Its Secretary, Address- North Block, Secretariat, Raisina
Hill, New Delhi-11001.
2. The Kotak Mahindra Bank, Through Its Branch Manager,
Kmbl, Sector 22, Craft Market Samratashakudyan
Housing Board Main Pal Road, Jodhpur, Rajasthan.
3. The Station House Officer, Police Station Rajiv Ghandhi
Nagar, District Jodhpur (Raj.).
4. The Station House Officer, Police Station Pal Road, District
Jodhpur (Raj.).
----Respondents
For Petitioner(s) : Mr. Ratan Ankiya
For Respondent(s) : --
HON'BLE MR. JUSTICE KULDEEP MATHUR
Order
19/02/2026
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.02 bank may be directed to de-
freeze the saving bank account No.0045617751 and
allow the petitioner to operate his account and use his
own amount deposited in the bank.
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(iii) The respondents may be directed to pay
compensation at least Rs.2,00,000/- (Rupees two Lakh)
to the petitioner on account of the hardships being
suffered by the petitioner due to non-operation of his
bank account.
(iv) 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 The Kotak Mahindra Bank (Respondent
No.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.
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:9293] (3 of 3) [CW-3798/2026]
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
42-sonia/-
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