The Rajasthan High Court, Jaipur Bench, has sought responses from the Bank of Maharashtra and the State Government on whether a bank account can be frozen solely on the basis of a letter from the police without following due process under Section 102 of the Criminal Procedure Code (Cr.P.C.).
During the hearing of a petition filed by Padam Kumar Jain, Justice Anoop Kumar Dhand noted that the petitioner’s entire bank account was seized at the request of the investigating agency without prior notice. The petitioner’s counsel argued that this practice is widespread, with hundreds of accounts frozen in similar fashion in connection with alleged fraudulent transactions and cybercrime cases.
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The counsel further referred to a circular issued by the Commissioner of Police, Chennai, outlining a procedure under Sections 102 and 41(A) Cr.P.C. before freezing accounts. However, no such guidelines have been issued by the Rajasthan Director General of Police.
"Unless and until notice is issued to the account holder, the entire bank account should not be seized," the petitioner’s counsel submitted.
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Taking note of the concerns, the court issued notices to the respondents and directed that a general notice be published in the cause list to invite members of the Bar to address the issue. The case will be heard next on August 18, 2025, alongside a related petition.
Case Title:- Padam Kumar Jain vs. Bank of Maharashtra & Anr.
Case No.:- S.B. Civil Writ Petition No. 12064/2025
