TAHSEEN BANO v. DIRECTOR OF ENFORCEMENT MINISTRY OF FINANCE NEW DELHI AND 6 OTHERS
CRLP/1809/2025 · 2025-03-20
Brij Raj Singh, Vivek Chaudhary
body2025
DailyLaw.ai
[ 2025 DAILYLAW 126550 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 126550 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:16152-DB Court No. - 10 Case :- CRIMINAL MISC. WRIT PETITION No. - 1809 of 2025 Petitioner :- Tahseen Bano Respondent :- Director Of Enforcement Ministry Of Finance New Delhi And 6 Others Counsel for Petitioner :- Mohd. Suhail,Ali Hasan Counsel for Respondent :- Kuldeep Srivastava,G.A. 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.2/Joint Director of Directorate of Enforcement and perused the material available on record.
2. The petitioner has approached this Court for the following main prayer: "Issue a Writ, order or direction in the nature of Mandamus thereby directing the opposite parties to make proper fair and speedy investigation in stipulated time in complaint no. ECIR/LKZO/05/2021 Under Section- P.M.L.A. Act, 2002 dated 21.01.2021 registered in Zonal Office Lucknow, in pursuance of which cause great injustice to the petitioner (contained in annexure No.1 to this writ petition.)"
3. Submission of learned counsel for the petitioner is that the petitioner is entitled for return of her 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 she wants to file her 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.2 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 her 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