NIDHI SONI AND ANOTHER v. UNION OF INDIA , MINISTRY OF HOME AFFAIRS SECY. NEW DELHI AND 6 OTHERS
CRLP/3797/2025 · 2025-05-05
Brij Raj Singh, Vivek Chaudhary
body2025
DailyLaw.ai
[ 2025 DAILYLAW 137790 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 137790 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:25827-DB Court No. - 10 Case :- CRIMINAL MISC. WRIT PETITION No. - 3797 of 2025 Petitioner :- Nidhi Soni And Another Respondent :- Union Of India , Ministry Of Home Affairs Secy. New Delhi And 6 Others Counsel for Petitioner :- Ravindra Pandey Counsel for Respondent :- A.S.G.I.,G.A.,Kuldeep Srivastava Hon'ble Vivek Chaudhary,J. Hon'ble Brij Raj Singh,J.
1. Heard learned counsel for the petitioners, learned A.G.A. for the State-respondent(s) as well as Ms. Abhedya Rajeev, Advocate holding brief of Shri Kuldeep Srivastava, learned counsel appearing for the respondent-Enforcement Directorate and perused the material available on record.
2. The petitioners have approached this Court for the following main prayer:
"a. a writ, order or direction in the nature of mandamus, commanding the directing the Special Court of Anti Corruption C.B.1. (West), Lucknow to consider the claim of petitioners under Section 8 of the Act No. 15 of 2003 within a period of five months from the date of production of the certified copy of
order along with the claim as provided in the similar and identical order dated 01.07.2024 in Criminal Misc. Writ petition No. 20172 of 2023 passed by this Hon'ble Court, contained as annexure no.1 and 2 to this writ petition in the interest of Justice. b. issue a writ, order or direction in the nature of mandamus directing the State to return back the money deposited by the petitioners to Shine City Company along with interest as fixed by this Hon'ble Court (contained as Annexure No.3) at an earliest, 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 with the Shine City Infra Project Limited, 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 petitioners want to file their
claim before the said court which may be directed to be considered and decided in accordance with law.
4. Learned counsel appearing for the Enforcement Directorate 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. He further states that there is no dispute that petitioners can file their 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 petitioners to raise their 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 parties concerned, in accordance with law, as observed above. . [Brij Raj Singh,J.] [Vivek Chaudhary,J.]
Order Date :- 5.5.2025 Sachin/Arjun Digitally signed by :- SACHIN MEHROTRA High Court of Judicature at Allahabad, Lucknow Bench