AMIT KUMAR TIWARI v. UNION OF INDIA THRU. SECY.MINISTRY OF HOME, NEW DELHI AND 4 OTHERS
CRLP/1859/2025 · 2025-03-20
Brij Raj Singh, Vivek Chaudhary
body2025
DailyLaw.ai
[ 2025 DAILYLAW 126505 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 126505 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:16162-DB Court No. - 10 Case :- CRIMINAL MISC. WRIT PETITION No. - 1859 of 2025 Petitioner :- Amit Kumar Tiwari Respondent :- Union Of India Thru. Secy.Ministry Of Home, New Delhi And 4 Others Counsel for Petitioner :- Sanjeev Kumar Gupta,Vikas Kumar Pathak Counsel for Respondent :- A.S.G.I.,G.A.,Kuldeep Srivastava Hon'ble Vivek Chaudhary,J. Hon'ble Brij Raj Singh,J.
1. Heard learned counsel for the petitioner, learned A.G.A. for the State/opposite party as well as Ms. Abhedya Rajeev, Advocate holding brief of Shri Kuldeep Srivastava, learned counsel appearing for the respondent no.3/ Director of Directorate of Enforcement and perused the material available on record.
2. The petitioner has approached this Court for the following main prayers
"i. Issue a writ, order or direction in the nature of mandamus commanding the opposite party no. 1 to 3 to decide the application i.e. Annexure No.1 within stipulated period in the interest of justice. ii. Issue a writ, order or direction in the nature of mandamus commanding the opposite parties to accept and consider the claim of the petitioner and thereafter reimburse the amount Le. Rs. 1,75,000 (One lakh seventeen five thousand only) deposited by the petitioner along with 18 percent interest, in the interest of justice."
3. Submission of learned counsel for the petitioner is that the petitioner is entitled for return of his money which was deposited in the Shine City Company, now under Prevention of Money Laundering Act investigation and prosecution for which the case is pending before the Special Court of Anti Corruption C.B.I. (West), Lucknow. Counsel for petitioner further submits that he wants to file his claim before the said court which may be considered and decided in accordance with law.
4. Shri Kuldeep Srivastava, learned counsel appearing for
respondent no.3 submits that there is a stay order granted by the Hon'ble Supreme Court on 24.02.2025 in Special Leave Petition (Criminal) Diary No. 5578 of 2025 with regard to the orders arising out of writ petition filed at Allahabad and the C.B.I. Court has to take the same into consideration while considering any claim. Counsel for respondent no.2 further states that there is no dispute that petitioner can file his claims before the court concerned which are to be considered by the court concerned in accordance with law. It goes without saying that the court concerned shall also take into consideration any
order passed by the Supreme Court with regard to the said matter or by any other Court.
5. With the aforesaid, present writ petition stands disposed of permitting the petitioner to raise his claim before the Special Court of Anti Corruption C.B.I. (West), Lucknow in accordance with law, which shall consider the same after hearing all the parties, in accordance with law, as observed above. [Brij Raj Singh, J.] [Vivek Chaudhary,J.]
Order Date :- 20.3.2025 Anuj Singh Digitally signed by :- ANUJ PRATAP SINGH High Court of Judicature at Allahabad, Lucknow Bench