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2025 DAILYLAW 138242 (ALL)

ASIF NASEEM v. STATE OF U.P. THRU. PRIN. SECY. HOME GOVT. OF U.P. LKO AND OTHERS

CRLP/3764/2025 · 2025-05-07

Brij Raj Singh, Vivek Chaudhary

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:26722-DB Court No. - 10 Case :- CRIMINAL MISC. WRIT PETITION No. - 3764 of 2025 Petitioner :- Asif Naseem Respondent :- State Of U.P. Thru. Prin. Secy. Home Govt. Of U.P. Lko And Others Counsel for Petitioner :- Surekha Patel Counsel for Respondent :- G.A.,A.S.G.I.,Kuldeep Srivastava Hon'ble Vivek Chaudhary,J. Hon'ble Brij Raj Singh,J. 1. Amendment application filed today is taken on record. 2. Heard Sri Ashish Deep Verma, Sri Harsh Singh, and Sri Pratik Raj, learned counsel for the petitioner, learned A.G.A. for the State, Sri S.B. Pandey, learned Senior Advocate and Deputy Solicitor General of India, assisted by Sri Varun Pandey, appearing for opposite party no.4 and Sri Rohit Tripathi, learned counsel for the Enforcement Directorate. 3. Petitioner has approached this Court for the following main reliefs: "i. Issue an appropriate writ, order, or direction in the nature of Certiorari, or any other writ, order or direction deemed just and proper in the facts and circumstances of the case, for quashing and setting aside the parallel and overlapping proceedings and/or investigations initiated by one or more of the Respondent agencies, insofar as they relate to the identical set of allegations and factual matrix, on the ground that such proceedings are arbitrary, vexatious, and violative of the Petitioner's fundamental rights guaranteed under Article 14, 19, and 21 of the Constitution of India; ii. Issue an appropriate Writ, Order, or Direction in the nature of Mandamus, or any other Writ, Order, or Direction as may be deemed fit and proper by this Hon'ble Court, thereby commanding the Respondents to ensure the conduct of a single, comprehensive, and consolidated investigation in respect of the subject matter arising from the same set of facts, transactions, and allegations, and further directing that such investigation be entrusted to one duly empowered and competent authority or agency, to be conducted within a time-bound framework as may be prescribed by this Hon'ble Court, in order to obviate the multiplicity of proceedings, prevent unwarranted harassment and prejudice to the Petitioner, and to uphold the canons of fairness, reasonableness, and the doctrine of judicial economy. iii. Issue an appropriate writ, order, or direction in the nature of Prohibition, restraining the Respondent agencies, either jointly or severally, from taking any further coercive or punitive steps against the Petitioner herein in relation to the same subject matter, pending the completion of the investigation by the duly designated nodal agency, so as to ensure that the Petitioner herein is not subjected to parallel, overlapping, and repetitive processes that violate the principles of natural justice." 4. Sri Rohit Tripathi, learned counsel for the Enforcement Directorate, raises a preliminary objection that Criminal Misc. Writ Petition No.20172 of 2023 "Prakash Chandra Tiwari Vs. Union of India and others" and other connected matters are being heard by a Division Bench of this Court at Allahabad in which, even the investigation part by different agencies is being looked into. 5. The prayer of the petitioner in the present writ petition is with regard to multiple investigations being carried out against the company. 6. In our opinion, since a Division Bench of this Court at Allahabad is already seized of the matter, it would be appropriate for the petitioner to file his petition at Allahabad. 7. With the aforesaid liberty, present writ petition is consigned to record. . [Brij Raj Singh,J.] [Vivek Chaudhary,J.] Order Date :- 7.5.2025 Sachin Digitally signed by :- SACHIN MEHROTRA High Court of Judicature at Allahabad, Lucknow Bench