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2025 DAILYLAW 135071 (ALL)

SMT. CHITRA UPADHYAY v. STATE OF U.P. THRU. SECY. DEPTT. OF HOME LKO. AND 2 OTHERS

CRLP/3338/2025 · 2025-04-22

Ram Manohar Narayan Mishra, Vivek Chaudhary

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:22613-DB Court No. - 10 Case :- CRIMINAL MISC. WRIT PETITION No. - 3338 of 2025 Petitioner :- Smt. Chitra Upadhyay Respondent :- State Of U.P. Thru. Secy. Deptt. Of Home Lko. And 2 Others Counsel for Petitioner :- Anjum Ara Counsel for Respondent :- G.A.,Rohit Tripathi 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. Nida Navi, Advocate holding brief of Shri Rohit Tripathi, learned counsel appearing for the respondent no.2/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, commanding the learned court having jurisdiction/ authority concerned to consider the case of petitioner in the light of direction of order dated 01.07.2024 passed by this Hon'ble Court at Prayagraj in CRLP No.20172 of 2023, Prakash Chandra Tiwari Vs. Union of India & another in the interest of justice." 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. Shri Rohit Ripathi, 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 :- 22.4.2025 A.K. Singh Digitally signed by :- ASHISH KUMAR SINGH High Court of Judicature at Allahabad, Lucknow Bench