DGP Has Asked Investigating Agencies To Be 'Careful' While Issuing Letters To Banks For Freezing Accounts: State To Rajasthan High Court

While hearing arguments on seizure of bank accounts on a letter from the Police, the Rajasthan Government informed the High Court that guidelines have been framed by DGP directed senior officials to instruct Investigating Agencies to remain careful while issuing letters to banks for freezing bank accounts. 

The court was hearing a matter on the question 'Whether the bank account of account holder can be seized only at the instance of a letter received from the Police (Investigating Agency) without following the procedure contained under Section 102, Cr.P.C?'. In August, Justice Anoop Kumar Dhand had issued a general notice inviting all the members of the bar to address the issue. 

In furtherance thereof the Advocate General and the counsel appearing on behalf of the Additional Solicitor General appeared before the high court and said:

"so far as the State of Rajasthan is concerned certain guidelines have been framed by the Director General of Police, (Cyber Crime) on 09.05.2025 wherein after receipt of certain directions issued by the Delhi High Court and Calcutta High Court, six points have been formulated to deal with the issue involved in the instant writ petition and accordingly, all the concerned Superintendent of Police and Assistant Commissioner of Police have been directed to instruct the concerned Investigating Agencies to remain careful while issuing letters to the banks for freezing the bank account". 

It was submitted that these guidelines have been given effect to in the State and are being followed in each and every matter. Further, it was submitted, in relation to complaints received from Investigating Agencies of other states, the matter was pending with the Ministry of Home Affairs who was in the process of framing certain nation-wide guidelines in the form of an SOP.

It was also submitted that RBI is a necessary and proper party in such like matter who is the statutory body governing the banking system, so that the stand of RBI was also needed to be taken into account.

Another advocate submitted that a similar issued cropped up before the Jharkhand High Court, wherein the concerned AG had submitted that the preparation of SoP to deal with such like issue is almost at its final stage and the same would be finalized very soon, and therefore the case be deferred for some time.

"Considering the above factual aspect of the matter, the Registrar (Judicial) is directed to re-notify this matter in the first week of October, 2025 after publishing the general notice in the cause list inviting the members of the Bar to address the Court on the issue involved in this writ petition," the court said. 

The court passed the order while granting relief to a Kachori seller who had sought a direction to Bank of Maharashtra to de-freeze his bank. The State argued that a complaint was lodged on the National Cyber Crime Reporting Portal (NCCRP), being investigated by the Investigating Agency of the State of Telangana wherein it was alleged that crores of rupees have been siphoned by unknown accused persons from the account of the complainant. It was argued that these fraudulent transactions have been found in the bank account of the petitioner account.

Finding that "no material has been placed on record so far" indicating that the petitioner is involved in any cyber crime, the court directed that the petitioner's account be de-freezed and disposed of the plea. 

Title: Padam Kumar Jain v Bank of Maharashtra

Citation: 2025 LiveLaw (Raj) 309

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