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2025 DAILYLAW 129862 (ALL)

JYOTI TRIPATHI v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND 3 OTHERS

CRLP/2517/2025 · 2025-03-27

Brij Raj Singh, Vivek Chaudhary

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:17582-DB Court No. - 10 Case :- CRIMINAL MISC. WRIT PETITION No. - 2517 of 2025 Petitioner :- Jyoti Tripathi Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others Counsel for Petitioner :- Shashank Agnihotri Counsel for Respondent :- G.A.,Kuldeep Srivastava 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. Abhedya Rajeev Advocate holding brief of Shri Kuldeep Srivastava, learned counsel appearing for the respondent no.4/Directorate of Enforcement and perused the material available on record. 2. The petitioner has approached this Court for the following main prayer: "to issue a writ, order or direction in the nature of Mandamus, directing the Special Court of Anti Corruption C.B.I. (West), Lucknow to consider the claim of petitioner under Section 8 of the P.M.L.Act in light of direction (order dated 1.7.2024) issued by this Hon'ble Court at Prayagraj in CRLP No.20172 of 2023, "Prakash Chandra Tiwari vs. Union of India and others" and to direct the State to return back the money deposited by the petitioners to Shine City Company along with interest, in the interest of justice." 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.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 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 :- 27.3.2025 Anuj Singh Digitally signed by :- ANUJ PRATAP SINGH High Court of Judicature at Allahabad, Lucknow Bench