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2025 DAILYLAW 131105 (ALL)

NISHIT GUPTA v. DIRECTOR OF ENFORCEMENT GOVT. INDIA PRAVARTAN BHAWAN, DR. APJ ABDUL KALAM NEW DELHI AND 2 OTHERS

CRLP/3513/2025 · 2025-04-25

Ram Manohar Narayan Mishra, Vivek Chaudhary

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:23829-DB Court No. - 10 Case :- CRIMINAL MISC. WRIT PETITION No. - 3513 of 2025 Petitioner :- Nishit Gupta Respondent :- Director Of Enforcement Govt. India Pravartan Bhawan, Dr. Apj Abdul Kalam New Delhi And 2 Others Counsel for Petitioner :- Dr. Amit Asthana Counsel for Respondent :- Kuldeep Srivastava Hon'ble Vivek Chaudhary,J. Hon'ble Ram Manohar Narayan Mishra,J. 1. Heard learned counsel for the petitioner, learned A.G.A. for the State/opposite party as well as Mr. Abhedya Rejeev, Advocate holding brief of Shri Kuldeep Srivastava, learned counsel appearing for the respondent no.2/Joint Director of 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 commanding the learned court having jurisdiction/authority concerned to consider the case of the petitioner 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" during the pendency of the writ petition. 3. Submission of learned counsel for the petitioner is that the petitioner is entitled for return of his 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 they want to file his claim before the said court which may be considered and decided in accordance with law. 4. Shri Kuldeep Srivastava, 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 petitioner to raise his 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. (Ram Manohar Narayan Mishra, J.) (Vivek Chaudhary, J.) Order Date :- 25.4.2025 Arvind Digitally signed by :- ARVIND KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench