ARPITA DAS AND OTHERS v. U.O.I. THRU. DIRECTOR OF ENFORCEMENT DEPTT. OF REVENGE MINISTRY OF FINANCE NEW DELHI AND OTHERS
CRLP/5911/2025 · 2025-07-04
Attau Rahman Masoodi, Shree Prakash Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 126829 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 126829 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:37840-DB Court No. - 1 Case :- CRIMINAL MISC. WRIT PETITION No. - 5911 of 2025 Petitioner :- Arpita Das And Others Respondent :- U.O.I. Thru. Director Of Enforcement Deptt. Of Revenge Ministry Of Finance New Delhi And Others Counsel for Petitioner :- Irfan Khan Counsel for Respondent :- Rohit Tripathi,G.A. Hon'ble Attau Rahman Masoodi,J. Hon'ble Shree Prakash Singh,J.
1. Heard learned counsel for the petitioners, learned Additional Government Advocate for the State as well as Ms. Nida Navi, Advocate holding brief of Shri Rohit Tripathi, learned counsel appearing for the respondent no.2/Joint Director of Directorate of Enforcement and perused the material available on record.
2. The petitioners have approached this Court for the following main prayer:
"issue a writ, order or direction in the nature of Mandamus, commanding the learned court having jurisdiction/authority concerned to consider the case of petitioners in light of direction of
order dated 1.7.2024 passed by this Hon'ble Court CRLP No. 20172/2023, Prakash Chandra Tiwari versus Union of India and others, during the pendency of this writ petition."
3. Submission of learned counsel for the petitioners is that the petitioners are entitled for return of their money which was deposited in the Shine City Company, against which a case under Prevention of Money Laundering Act is pending before the Special Court of Anti-Corruption C.B.I. (West), Lucknow.
Learned counsel for the petitioners further submits that they want to file their claims before the said Court which may be considered and decided in accordance with law.
4. 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 keep in mind while considering any claim. Counsel for respondent no.2 further states that there is no dispute that petitioners can file their claims before the Court concerned which shall be considered in accordance with law. It goes without saying that the Court concerned shall also take into consideration any order passed by the Hon'ble Supreme Court or any other Court while deciding the said matter.
5. With the aforesaid, the present writ petition stands disposed of leaving it open to the petitioners to raise their claim before the Special Court of Anti-Corruption C.B.I. (West), Lucknow, which shall be considered after hearing all the parties, in accordance with law, as observed above. . (Shree Prakash Singh,J.) (Attau Rahman Masoodi,J.)
Order Date :- 4.7.2025 kanhaiya Digitally signed by :- KANHAIYA KUMAR High Court of Judicature at Allahabad, Lucknow Bench