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2025 DAILYLAW 129883 (ALL)

RAM BHUPAL TIWARI v. STATE OF U.P THRU. PRIN. SECY. HOME GOVT. OF U.P. LKO. AND 3 OTHERS

CRLP/2430/2025 · 2025-03-25

Brij Raj Singh, Vivek Chaudhary

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:16956-DB Court No. - 10 Case :- CRIMINAL MISC. WRIT PETITION No. - 2430 of 2025 Petitioner :- Ram Bhupal Tiwari Respondent :- State Of U.P Thru. Prin. Secy. Home Govt. Of U.P. 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-respondent(s) as well as Sri Abhedya Rajeev, Advocate holding brief of Shri Kuldeep Srivastava, 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) to 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 Learned Special Court concerned for release of property in terms of the order dated 01.07.2024 passed in writ petition bearing no.20172/2023, which shall be decided 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. He 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