Disposed

Hemant Singh Rathore S/O Bhanwar Singh Rathore v. Indusind Bank

Rajasthan HC11 Nov 2025CW/15103/2025

Case brief

AI extract

What is this about?

The Court disposed of a writ petition challenging the freezing of the petitioner's bank account due to alleged cybercrime links. The Court directed the bank to unfreeze the general account but freeze specific disputed amounts involved in fraudulent transactions, subject to the petitioner cooperating with the investigation.

What did the court decide?

Direction issued to respondent Bank to unfreeze the petitioner's account, specifically freeze disputed amounts (Rs.72,142), and permit operation subject to cooperation with investigation.

Hemant Singh Rathore S/O Bhanwar Singh Rathore Vs… — Banking and Recovery | Rajasthan HC (2025)

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[2025:RJ-JP:45318]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Civil Writ Petition No. 15103/2025

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Hemant Singh Rathore S/o Bhanwar Singh Rathore, Aged About 27 Years, Residing At 42, Sukhdev Residency , Near Maharana Marriage Garden, Kota, Rajasthan

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----Petitioner

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Versus

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Indusind Bank, Through Its Regional Nodal Officer, Address- Ground Floor , House No. 2 , Kha -6, Situated At , Jhalawar Road , Vigyan Nagar , Kota. 302021.

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Station House Officer, Channarayapatna Town Police Station , Hassan District , Karnataka. Pin Code- 700090.

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Station House Officer, City Cyber Crime, Telangana ,hyderabad . Pin Code- 573225.

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Station House Officer, Cyber Police Station, South West Delhi . Pincode 110017.

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----Respondents

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For Petitioner(s) : Mr. Abhishek Dadhich with Mr. Gaurav Sharma & Ms. Neha Sharma. For Respondent(s) : Mr. Rajesh Choudhary, AAG Mr. Devi Singh Ms. Taruna, for the respondent No.1-Bank (present in person)

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HON'BLE MR. JUSTICE ASHUTOSH KUMAR

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Order

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11/11/2025

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This petition has been filed by the petitioner with the following prayer:-

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"It is, therefore, humbly prayed that yours Lordships may graciously be pleased to accept and allow this writ petition by calling the entire record and after perusal of the same:-

(2 of 4)

[2025:RJ-JP:45318]

[CW-15103/2025]

(i) Issue a writ in the nature of Mandamus or any other appropriate writ, order or direction commanding the Respondent Bank to immediately unfreeze the current account of the Petitioner bearing Account No. 100065292704, held with the IFSC code INDB0001344 belongs to the INDUSIND BANK Ltd, Ground Floor, House No. 2, Kha-6, situated at, Jhalawar Road, Vigyan Nagar, Kota, Rajasthan 324005.

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(ii) Direct the Respondent Bank to provide written reasons for the freezing of the account and any communication received from Cyber Crime authorities, if any;

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(iii) Declare that the action of the Respondent Bank is arbitrary, illegal, and violative of Articles 14, 19(1) (g), and 300A of the Constitution of India.

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(iv) Award costs of this petition in favour of the Petitioner.

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(v) Pass such further or other orders as may be deemed just and proper in the facts and circumstances of the case.

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(vi) Any other appropriate order or direction which is deemed just and proper in the facts and circumstance by this Hon'ble Court may also be passed in favour of the petitioner's committee."

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By way of filing this petition, the petitioner is seeking direction against the respondent-Bank for defreezing the Account No. 100065292704 in Indusind Bank, Rajasthan, which belongs to the petitioner.

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Learned counsel for the petitioner submits that the petitioner has no concern whatsoever with any cyber crime committed by anyone, even then, his entire account has been freezed. Learned counsel further submits that the petitioner is ready and willing to co-operate in the investigation as and when required.

[2025:RJ-JP:45318]

[CW-15103/2025]

(3 of 4)

Per contra , learned Additional Advocate General opposes the arguments raised by learned counsel for the petitioner and submits that several complaints regarding cyber crimes were received in the States of Telangana, Karnataka and New Delhi, consequently, orders have been passed to freeze the petitioner's account. Learned Additional Advocate General submits the report dated 10.11.2025 and the same is taken on record.

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Considering the submissions made by learned counsel for the respective parties, the instant Writ Petition is disposed of with the directions to the respondent-Bank to defreeze the bank account of the petitioner bearing No. 100065292704 in Indusind Bank, Rajasthan and the petitioner may be allowed to operate and make transactions from the said bank account. The respondents are further directed to freeze the disputed amount i.e. Rs.72,142/(Rs.50,000/-, Rs.20,000/- and Rs.2,142/-), which is allegedly involved in the fraudulent transaction.

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It is made clear that the petitioner will co-operate with the Bank authorities and investigating agency and will appear before them as and when required.

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This Court also observes that the petitioner shall not close or discontinue the aforesaid account till the investigating agency and Bank authorities permit him to do so.

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It is further ordered that after investigation, if the involvement of the petitioner is found in any illegal transaction, he shall be liable to pay amount involved in the aforesaid illegal transaction and will face inquiry/investigation as per law.

(4 of 4)

[2025:RJ-JP:45318]

[CW-15103/2025]

It is further ordered that the respondent-Bank shall be at liberty to transfer the amount to the original account from which it was credited to petitioner’s account.

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With the aforesaid directions, the instant writ petition stands disposed of. The stay application and all other pending applications, if any, also stand disposed of.

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(ASHUTOSH KUMAR),J

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AARZOO ARORA /130

Hemant Singh Rathore S/O Bhanwar Singh Rathore v. Indusind Bank

Case brief

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What did the court decide?

Hemant Singh Rathore S/O Bhanwar Singh Rathore v. Indusind Bank

Case brief

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