ANUSHREE MISHRA v. DIRECTOR OF ENFORCEMENT PRAVARTAN BHAWAN NEW DELHI AND 2 OTHERS
CRLP/3584/2025 · 2025-04-29
Jaspreet Singh, Vivek Chaudhary
body2025
DailyLaw.ai
[ 2025 DAILYLAW 131009 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 131009 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:24315-DB Court No. - 10 Case :- CRIMINAL MISC. WRIT PETITION No. - 3584 of 2025 Petitioner :- Anushree Mishra Respondent :- Director Of Enforcement Pravartan Bhawan New Delhi And 2 Others Counsel for Petitioner :- Dr. Amit Asthana Counsel for Respondent :- Kuldeep Srivastava Hon'ble Vivek Chaudhary,J. Hon'ble Jaspreet Singh,J.
1. Heard learned counsel for the petitioner, learned A.G.A. for the State-respondent(s) as well as Ms. 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) issue a writ order or direction in the nature of Mandamus commanding the learned court having jurisdiction/authority concerned to consider the case of the petitioner in light of the Direction (order dated 01.07.2024 issued by this Hon'ble Court at Prayagraj in CRLP no-20172/2023, Prakash Chandra Tiwari vs. Union of India & others during the pendency of this writ petition."
3. Submission of learned counsel for the petitioner is that the petitioner is entitled for return of her 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 her 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
her 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 her 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. . [Jaspreet Singh,J.] [Vivek Chaudhary,J.]
Order Date :- 29.4.2025 Sachin Digitally signed by :- SACHIN MEHROTRA High Court of Judicature at Allahabad, Lucknow Bench