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2025 DAILYLAW 127370 (ALL)

RAVI KANT AND ANOTHER v. UNION OF INDIA THRU. DIRECTOR OF ENFORCEMENT, NEW DELHI AND OTHERS

CRLP/2003/2025 · 2025-03-20

Brij Raj Singh, Vivek Chaudhary

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:16177-DB Court No. - 10 Case :- CRIMINAL MISC. WRIT PETITION No. - 2003 of 2025 Petitioner :- Ravi Kant And Another Respondent :- Union Of India Thru. Director Of Enforcement, New Delhi And Others Counsel for Petitioner :- Sarjoo Ram,Aklavya,Chandan Prasad,Prashant Shekhar,Ramraj,Sachin Kumar Singh 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 prayers: "i.Issue a writ, order or direction in the nature of mandamus commanding and directing to opposite Party No-1 and 2 to take appropriate action against opposite party No-3 for the payment Rupees 7,52,726/- (Seven Lac fifty two thousand seven hundred twenty six rupees only) and Rupees 9,98,973/- (nine lac ninety eight thousand nine hundred and seventy three rupees only) respectively with 14% interest from the booking date in the interest of justice. ii. Issue a writ, order or direction in the nature of mandamus commanding and directing to opposite Party number- 1, and 2 to punish the opposite party number-3 according to law in the interest of justice iii. Issue a writ, order or direction in the nature of mandamus commanding and directing to opposite Party number- 1 to 2/authority Concern to extend the benefit of order dated 01.07.2024 passed in CRLP No-20172 of 2023 (Prakash Chandra Tiwari Versus Union of India and others)to the petitioner only in the interest of justice.." 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