Citation : 2026 Latest Caselaw 4776 Raj
Judgement Date : 28 March, 2026
[2026:RJ-JD:14603]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 6930/2026
Pradeep Choudhary S/o Mohan Ram Choudhary, Aged About 23
Years, R/o Jaton Ka Bas, Mandookara, Nagaur, Rajasthan -
341319.
----Petitioner
Versus
1. Branch Manager, Kotak Mahindra Bank, Jaipur, Gopalpur,
Kmbl, 148 - Supreme Height Building, Triveni Chaur,
Krishna Nagar Scheme, Jaipur, Rajasthan - 302015.
2. Reserve Bank Of India, Through Its Regional Director,
Jaipur.
3. State Of Rajasthan, Through Principal Secretary,
Department Of Finance, Secretariat, Jaipur.
----Respondents
For Petitioner(s) : Mr. Hitesh Singh
For Respondent(s) : --
HON'BLE MR. JUSTICE KULDEEP MATHUR
Order
28/03/2026
1. The instant writ petition under Article 226 of the Constitution
of India has been filed by the petitioner seeking the following
reliefs:-
"(i) Hon'ble Court may kindly be pleased to quash and set aside the freezing of the petitioner's bank account bearing No. 9647489414 with Kotak Mahindra Bank, Branch Krishna Nagar Scheme, Jaipur.
(ii) The respondents be directed to de-freeze the petitioner's bank account and permit him to access her legitimate funds, except for any disputed amount, which may be kept on hold till the conclusion of the investigation.
(iii) The respondents be directed to provide a proper opportunity of hearing to the petitioner before taking any coercive action against her financial interests.
(iv) Any action taken by the respondents without due process of law be declared illegal, arbitrary, and void ab initio."
(Uploaded on 28/03/2026 at 04:23:50 PM)
[2026:RJ-JD:14603] (2 of 2) [CW-6930/2026]
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 Kotak Mahindra 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.
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 79-sonia/-
(Uploaded on 28/03/2026 at 04:23:50 PM)
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