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Neutral Citation No. - 2025:AHC:158438 Court No. - 80 Case :- CRIMINAL MISC. WRIT PETITION No. - 20817 of 2024 Petitioner :- Mohammad Javed Respondent :- Union Of India And 3 Others Counsel for Petitioner :- Indra Bhan Yadav,Vijay Kumar Yadav Counsel for Respondent :- A.S.G.I.,Aryan Mishra,G.A.,Jitendra Prasad Mishra,Pawan Kumar Srivastava Hon'ble Rajeev Misra,J.
1. Heard Mr. G.S. Chaturvedi, the learned Senior Counsel assisted by Mr. Indra Bhan Yadav, the learned counsel for petitioner and Mr. Rohit Tripathi, the learned counsel representing opposite party-3, The Director, Directorate of Enforcement, New Delhi. 2. Perused the record. 3. This writ petition under Article 226 of the Constitution of India has been filed for the following prayer:-
"It is therefore, most respectfully prayed that the Hon'ble Court may be pleased to:-
"i. Issue, a writ order or direction in nature of certiorari to quash the impugned provisional attachment order dated 14.06.2024 vide no. 10/LKZO/2024 passed under Section 5(1) of PML Act, 2002 in ECIR No. ECIR/13/LKZO/2019 by respondent no.2 contained Annexure-1 to the writ petition. ii Issue, a writ order or direction in nature of certiorari to quash the entire proceeding of ECIR No. ECIR/13/LKZO/2019 under Section 8 of the Act, 2002 pending before adjudicating authority including show cause notice issued by adjudicating authority, New Delhi so far as petitioner is concerned." iii. Issue, another writ, order or direction as this Hon'ble Court may deem fit and proper under the facts and circumstances of case. iv. Award cost of writ petition. v. Final attachment order dated 27.11.2024 passed by Adjudicating authority, New Delhi in ECIR No. ECIR/13/LKZO/2019 (Annexure No.2 of the amendment application)."
4. At the very outset, the Court raised a pointed query as to whether against the order impugned in present writ petition, an appeal shall lie before the competent authority or not. 5. Mr. G.S. Chaturvedi, the learned Senior Counsel fairly submits that against the impugned order an appeal shall lie before the competent authority under Section 26 of the PML Act and thereafter to the High Court under Section 42 of the said Act. He, however submits that an appeal against the final order impugned in writ petition has already been filed by the petitioner before the competent authority. 6. In view of above, the present writ petition is therefore, not maintainable. 7. It is accordingly dismissed as withdrawn.
Order Date :- 4.9.2025 Imtiyaz Digitally signed by :- IMTIYAZ AHMAD High Court of Judicature at Allahabad