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2025 DAILYLAW 127005 (ALL)

ASHISH KUMAR SAXENA AND 2 OTHERS v. UOI THRU. THRU. DIR. OF ENFORCEMENT DEPTT. OF REVENUE MINISTRY OF FINANCE NEW DELHI AND 2 OTHERS

CRLP/1921/2025 · 2025-03-20

Brij Raj Singh, Vivek Chaudhary

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:16174-DB Court No. - 10 Case :- CRIMINAL MISC. WRIT PETITION No. - 1921 of 2025 Petitioner :- Ashish Kumar Saxena And 2 Others Respondent :- Uoi Thru. Thru. Dir. Of Enforcement Deptt. Of Revenue Ministry Of Finance New Delhi And 2 Others Counsel for Petitioner :- Yogendra Kumar Tiwari,Ankit Kumar Pandey,Kameshwar Nath Gupta Counsel for Respondent :- Rohit Tripathi Hon'ble Vivek Chaudhary,J. Hon'ble Brij Raj Singh,J. 1. Heard learned counsel for the petitioners 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: "(a) to 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 01.07.2024 passed by this Hon'ble Court in writ petition bearing no 20172/CRLP/2023 Prakash Chandra Tiwari versus Union of India & others, during the pendency of the 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, 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 petitioners further submits that they want to file their claim before the said court which may be considered and decided in accordance with law. 4. Shri Rohit Ripathi, 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 petitioners can file their 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 petitioners to raise their 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