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2025 DAILYLAW 134798 (ALL)

AKANKSHA SONKAR v. DIRECTOR OF ENFORCEMENT DEPTT. OD REVENUE MINISTRY OF FINANCE NEW DELHI AND 3 OTHERS

CRLP/3291/2025 · 2025-04-21

Ram Manohar Narayan Mishra, Vivek Chaudhary

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:22470-DB Court No. - 10 Case :- CRIMINAL MISC. WRIT PETITION No. - 3291 of 2025 Petitioner :- Akanksha Sonkar Respondent :- Director Of Enforcement Deptt. Od Revenue Ministry Of Finance New Delhi And 3 Others Counsel for Petitioner :- Ajay Pratap Singh Counsel for Respondent :- Kuldeep Srivastava,G.A. Hon'ble Vivek Chaudhary,J. Hon'ble Ram Manohar Narayan Mishra,J. 1. Heard learned counsel for the petitioners, 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.1/Joint Director of Directorate of Enforcement and perused the material available on record. 2. The petitioners have approached this Court for the following main prayer: "i. to issue a writ, order or direction in the nature of Mandamus, thereby commanding and directing to the opposite parties, more especially opposite party No.2 to make proper, fair and speedy investigation in stipulated time in complaint No.ECIR/LKZO/05/2021, under Section PMLA Act, 2002 dated 21.01.2024 registered in Zonal Office, Lucknow in pursuance of which caused great injustice to the petitioner. ii. Issue a writ, order or direction in the nature of Mandamus thereby commanding and directing the respondent State to return back the money deposited by the petitioner and other investor before the Shine City Infra Project Pvt. Limited alongwith interest." 3. Submission of learned counsel for the petitioners is that the petitioners are entitled for return of their 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 petitioners further submits that they want to file their claim before the said court which may be considered and decided in accordance with law. 4. Ms. Abhedya Rajeev, learned counsel appearing for respondent no.1 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 petitioners to raise their 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. Order Date :- 21.4.2025 A.K. Singh Digitally signed by :- ASHISH KUMAR SINGH High Court of Judicature at Allahabad, Lucknow Bench