SATYA BHANU DUBEY v. JOINT DIRECTOR OF DIRECTORATE ENFORSEMENT ZONAL OFFICE 16 LKO AND ANOTHER
CRLP/3386/2025 · 2025-04-23
Ram Manohar Narayan Mishra, Vivek Chaudhary
body2025
DailyLaw.ai
[ 2025 DAILYLAW 135758 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 135758 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:23035-DB Court No. - 10 Case :- CRIMINAL MISC. WRIT PETITION No. - 3386 of 2025 Petitioner :- Satya Bhanu Dubey Respondent :- Joint Director Of Directorate Enforsement Zonal Office 16 Lko And Another Counsel for Petitioner :- Sri Pati Tripathi,Apoorv Singh,Lovelesh Awasthi,Pramod Kumar Tiwari Counsel for Respondent :- Kuldeep Srivastava Hon'ble Vivek Chaudhary,J. Hon'ble Ram Manohar Narayan Mishra,J.
1. Heard learned counsel for the petitioner and Sri Abhedya Rajeev, Advocate holding brief of Sri 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 petitioner has approached this Court for the following main prayer:
"i. Issue a writ, order or direction in the nature of mandamus commanding
to
learned
court
below
having jurisdiction/authority concerned to consider the case of petitioner in light of direction (order dated 01.07.2024) passed by the Hon'ble Court at Allahabad in CRLP No.20172/2023
"Prkash Chandra Tiwari Vs. Union of India and others" as well as order dated 18.02.2025 passed by this Hon'ble Court in CRLP No. 1412/2025 "Babita Sahu Vs. State of U.P. and others" contained as Annexure No.1 to this writ petition, in the interest of justice."
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. Sri Abhedya Rajeev, Advocate holding brief of Sri Kuldeep Srivastava, learned counsel appearing for the respondent no.1/Joint Director of Directorate of Enforcement 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.1 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 :- 23.4.2025 Arjun/- Digitally signed by :- ARJUN PRASAD High Court of Judicature at Allahabad, Lucknow Bench