AMMAR HUSAIN v. DIRECTOR OF ENFORCEMENT, DEPTT. OF REVENUE, MINISTRY OF FINANCE, NEW DELHI AND 4 OTHERS
CRLP/3774/2025 · 2025-05-05
Brij Raj Singh, Vivek Chaudhary
body2025
DailyLaw.ai
[ 2025 DAILYLAW 138245 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 138245 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:25810-DB Court No. - 10 Case :- CRIMINAL MISC. WRIT PETITION No. - 3774 of 2025 Petitioner :- Ammar Husain Respondent :- Director Of Enforcement, Deptt. Of Revenue, Ministry Of Finance, New Delhi And 4 Others Counsel for Petitioner :- Ajay Pratap Singh,Ravi Shanker Singh Counsel for Respondent :- Kuldeep Srivastava,G.A. Hon'ble Vivek Chaudhary,J. Hon'ble Brij Raj Singh,J.
1. Heard learned counsel for the petitioner, 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 petitioner has approached this Court for the following main prayer:
"(i) 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 along with interest."
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 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 petitioner further submits that petitioner wants to file his 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 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 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