SUMAN AWASTHI v. UOI THRU. ITS DIR. ENFORCEMENT DIRECTORATE REVENUE MINISTRY OF FINANCE NEW DELHI AND 3 OTHERS
CRLP/1905/2025 · 2025-03-20
Brij Raj Singh, Vivek Chaudhary
body2025
DailyLaw.ai
[ 2025 DAILYLAW 127040 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 127040 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:16195-DB Court No. - 10 Case :- CRIMINAL MISC. WRIT PETITION No. - 1905 of 2025 Petitioner :- Suman Awasthi Respondent :- Uoi Thru. Its Dir. Enforcement Directorate Revenue Ministry Of Finance New Delhi And 3 Others Counsel for Petitioner :- Akash Mishra,Vaishnav Awasthi,Virech Shakti Pandey Counsel for Respondent :- Rohit Tripathi,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. Nida Navi, Advocate holding brief of Shri Rohit Tripathi, 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 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 petitioner in light of direction of order passed by this Hon'ble Court in CRLP No. 20172/2023, Prakash Chandra Tiwari vs. Union of India and others, dated 01.07.224, during the pendency of the 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 Rohit Ripathi, 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.3 further states that there is no dispute that petitioner can file her 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