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2025 DAILYLAW 133112 (ALL)

Ajay Kumar Shukla v. Union of India, thru. Director of Enforcement, Deptt. of Revenue, Ministry of Finance, and 3 Others

CRLP/2943/2025 · 2025-04-09

Ram Manohar Narayan Mishra, Vivek Chaudhary

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:20109-DB Court No. - 10 Case :- CRIMINAL MISC. WRIT PETITION No. - 2943 of 2025 Petitioner :- Ajay Kumar Shukla Respondent :- Union Of India, Thru. Director Of Enforcement, Deptt. Of Revenue, Ministry Of Finance, And 3 Others Counsel for Petitioner :- Pramod Kumar Shukla,Ashish Kumar Mishra,Rahul Singh Counsel for Respondent :- A.S.G.I.,G.A.,Kuldeep Srivastava Hon'ble Vivek Chaudhary,J. Hon'ble Ram Manohar Narayan Mishra,J. 1. Heard learned counsel for the petitioner, learned D.S.G.I. for the respondent-Union of India, 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 no.3/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: "i) Issue a writ, order or direction in the nature of mandamus commanding the opposite party no.1 to 3 to consider the case of petitioner in the light of direction of order dated 17.02.2025 passed by this Hon'ble Court in Writ Petition bearing No.1376/CRLP/2025 (Urmila Devi Vs. Union of India & others). ii) Issue a writ, order or direction in the nature of mandamus commanding the learned Court having jurisdiction/authority concerned to consider the case of petitioner in the light of direction of order dated 17.02.2025 passed by this Hon'ble Court in Writ Petition bearing No.1376/CRLP/2025 (Urmila Devi Vs. Union of India and others). 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 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 he wants to file his claim before the said court which may be directed to be considered and decided in accordance with law. 4. Ms. Nida Navi, holding brief of Shri Rohit Ripathi, learned counsel appearing for respondent no.3 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. Learned counsel for respondent no.3 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 the parties, in accordance with law, as observed above. (Ram Manohar Narayan Mishra,J.) (Vivek Chaudhary,J.) Order Date :- 9.4.2025 Arjun/- Digitally signed by :- ARJUN PRASAD High Court of Judicature at Allahabad, Lucknow Bench