Citation : 2026 Latest Caselaw 3891 Raj
Judgement Date : 13 March, 2026
[2026:RJ-JD:11991]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 5645/2026
1. Bhiyaram Kumawat S/o Shri Bhanvaru Lal, Aged About 43
Years, R/o 83 Bhavana Park Socity 2. Godadara Nera
Gitanjali School Surat City Godadara, Surat, Gujarat.
2. Rekha Devi W/o Bhifyaram Kumawat, Aged About 39
Years, R/o 83 Bhavana Park Socity 2. Godadara Nera
Gitanjali School Surat City Godadara, Surat, Gujarat.
----Petitioners
Versus
1. State Of Rajasthan, Through Direcor General Of Police
Police Directorate, Jaipur, Rajasthan.
2. National Cyber Crime Reporting Portal Represented By Its
Director, National Highway-8, Mahalipur, New Delhi,
Pin_110037.
3. The Superintendent Of Police, Home Department, Beawar,
Rajasthan.
4. Branch Manager/nodal Officer, State Bank Of India Bank,
Jodhpur Ajmer Road Jaitaran, District Pali, Rajasthan. Ifsc
Code_Sbin0031194
----Respondents
For Petitioner(s) : Mr. D.D. Chitlangi
Mr. Chain Singh
For Respondent(s) : --
HON'BLE MR. JUSTICE KULDEEP MATHUR
Order
13/03/2026
1. The instant writ petition under Article 226 of the Constitution
of India has been filed by the petitioners seeking the following
reliefs:-
" It is, therefore, humbly prayed that the present Writ Petition may kindly be allowed and by an appropriate, order or direction-
(i) By an appropriate writ, order or direction, the respondent may kindly be directed to de-freeze the bank
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[2026:RJ-JD:11991] (2 of 3) [CW-5645/2026]
account bearing account number no.61098062027 of the petitioners in respondent bank at Branch, Jodhpur Ajmar Road Jaitaran Dist Pali
(ii) By an appropriate writ, order or direction, the respondent may kindly be directed to not freeze the bank account of the petitioner in future without prior notice.
(iii) Any other order or direction which this Hon'ble Court deems just and proper may 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 State Bank of India Bank (Respondent
No.4) to keep the disputed amount (the amount which was
transferred illegally in the bank account of the petitioners) frozen
and allow the petitioners to make transactions from his/her/thier
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:11991] (3 of 3) [CW-5645/2026]
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 47-himanshu/-
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