Introduction
The Rajasthan High Court once again emphasized the importance of procedural safeguards in cyber crime investigations involving bank account freezes. In the case of Ram Pratap v. State of Rajasthan, the Court provided much-needed relief to the petitioner, whose account had been arbitrarily frozen by the Cyber Cell.
This case highlights the growing misuse of account freeze orders without judicial oversight — and how the judiciary is stepping in to protect citizens’ financial rights.
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🧾 Case Snapshot
• Case Title: Ram Pratap v. State of Rajasthan
• Date of Judgment: 4 March 2025
• Court: Rajasthan High Court, Jodhpur Bench
• Presiding Judge: Hon’ble Mr. Justice Vinit Kumar Mathur
• Petitioner: Ram Pratap
• Respondent: State of Rajasthan / Cyber Cell
• Dispute: Bank account frozen by cyber cell over alleged fraudulent transaction; no due process followed
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⚖️ Issue Before the Court
Can the entire bank account of an individual be frozen based solely on a cyber cell complaint, without adhering to proper legal procedure and without limiting the freeze to the disputed amount?
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🧑⚖️ Judgment Highlights
Justice Vinit Kumar Mathur ruled:
• Freezing the entire bank account is not justified if only a part of the funds are under investigation.
• The authorities failed to provide appropriate justification or follow procedure under Section 102(3) of the CrPC.
• The Court ordered de-freezing of the account, except for the disputed amount involved in the alleged fraud.
• The petitioner was permitted to operate the account normally, pending investigation.
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🔍 Legal Provisions Involved
• Section 102 CrPC: Allows police to seize property, including bank accounts, but requires immediate reporting to the Magistrate.
• Article 21 of Constitution: Right to life includes the right to livelihood and to use one’s property (bank account) freely unless lawfully restricted.
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🧩 Importance of the Judgment
✅ Reinforces that bank account freezes must be proportional and justified
✅ Upholds the right to financial freedom during pending investigations
✅ Sends a strong message to cyber police: Follow due process
✅ Boosts confidence of citizens wrongly affected by sweeping cyber actions
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📝 What the Court Said
“Freezing of the entire bank account of a citizen without following due process and without limiting the scope to the alleged amount under investigation, is a clear violation of law and the petitioner’s financial liberty.”
– Hon’ble Justice Vinit Kumar Mathur
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🛑 Impact on Citizens
If you are facing a bank account freeze due to cyber complaints, this judgment sets a precedent that:
• Only the disputed amount can be frozen
• Authorities must comply with CrPC Section 102(3)
• You have the right to approach High Court for relief
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🔗 Suggested Reading
• Mukesh v. State of Rajasthan – HDFC Account Freeze
• [Punit Ojha v. SBI – ₹510 Frozen, Rest Released]
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📞 Need Legal Help for Bank Account Freeze?
🧑⚖️ Advocate Adarsh Singhal
Cyber Crime Expert | High Court of Rajasthan
📞 +91-9352459744
📧 advadarshsinghal@gmail.com | contact@advocateadarsh.com