KRISHNA GOPAL VERMA v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND 10 OTHERS
CRLP/2453/2025 · 2025-03-25
Brij Raj Singh, Vivek Chaudhary
body2025
DailyLaw.ai
[ 2025 DAILYLAW 129676 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 129676 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:16980-DB Court No. - 10 Case :- CRIMINAL MISC. WRIT PETITION No. - 2453 of 2025 Petitioner :- Krishna Gopal Verma Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko. And 10 Others Counsel for Petitioner :- Vishva Nath Pratap Singh,Jiyaram Verma Counsel for Respondent :- G.A.,Rohit Tripathi 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-respondent(s) as well as Ms. Nida Navi, Advocate holding brief of Shri Rohit Tripathi, learned counsel appearing for the respondent-Enforcement Directorate and perused the material available on record.
2. The petitioner has approached this Court for the following main prayer:
"(i) issue a writ, order or direction granting the Petitioner the liberty to move an application under section 8 of the Prevention of Money Laundering Act, 2002, before the Ld. Special Court concerned for considering the claim in accordance with the amount invested with the opp. party no.5 to 11's company i.e. Shine City Infra Project Private Ltd. and release the same in terms of the order dated 01.07.2024 passed in Writ Petition bearing no.20172/2023, which shall be decided (as contained in Annexure No.2 to this writ petition), in the interest of justice."
3. Submission of learned counsel for the petitioner is that the petitioner is entitled for return of his money which was deposited with the Shine City Infra Project Limited, 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 petitioner wants to file his claim before the said court which may be directed to be considered and decided in accordance with law.
4. Learned counsel appearing for the Enforcement Directorate submits that there is a stay order granted by the 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(s) filed at Allahabad and the court concerned has to take the same into consideration while considering any claim. She further states that there is no dispute that petitioner can file his claim before the court concerned which is 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 or by any other Court with regard to the said matter.
5. With the aforesaid, present writ petition stands disposed of permitting the petitioner to raise his claim before the Special Court of Anti Corruption C.B.I. (West), Lucknow in accordance with law, which shall consider and decide the same after hearing all parties concerned, in accordance with law, as observed above. . [Brij Raj Singh,J.] [Vivek Chaudhary,J.]
Order Date :- 25.3.2025 Sachin Digitally signed by :- SACHIN MEHROTRA High Court of Judicature at Allahabad, Lucknow Bench