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2025 DAILYLAW 138280 (ALL)

RAMESH CHANDRA AND OTHERS v. STATE OF U.P. THRU. SECY. MINISTRY OF HOME AFFAIRS LKO. AND OTHERS

CRLP/3981/2025 · 2025-05-09

Brij Raj Singh, Vivek Chaudhary

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:27310-DB Court No. - 10 Case :- CRIMINAL MISC. WRIT PETITION No. - 3981 of 2025 Petitioner :- Ramesh Chandra And Others Respondent :- State Of U.P. Thru. Secy. Ministry Of Home Affairs Lko. And Others Counsel for Petitioner :- Vinod Kumar Pandey Counsel for Respondent :- G.A.,A.S.G.I.,Anurag Kumar Singh,Kuldeep Srivastava Hon'ble Vivek Chaudhary,J. Hon'ble Brij Raj Singh,J. 1. Heard learned counsel for the petitioners, and Shri S.B. Pandey, Senior Advocate and Deputy Sociitor General of India assisted by Shri Varun Pandey for Union of India, learned AGA for the State as well as Shri Anurag Kumar Singh, learned counsel for CBI-opposite party no.7 and learned counsel appearing for the respondent-Enforcement Directorate. 2. The petitioners have approached this Court for the following main prayer: "i. Issue a writ, order or direction in the nature of Mandamus directing the the Special Court, Lucknow to accept th eclaim of petitoner and decide the same as per order datd 21.08.2024 passed by this Hon'ble Court in Criminal Writ Petition 14477 of 2024 (Sri Niwas Upadhyay and another vs. State of U.P. and 9 others) and order dated 19.03.2025 passed by this Hon'ble High court, Lucknow Bench in Criminal Writ Petition No.1705 of 2025 (Ram Naresh Panwar and others vs. State of U.P. through Principal SEcy, Department of Home, Lucknow and others within some stupuated frame by this Court" 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 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 petitioners 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. Order Date :- 9.5.2025 Pks [Brij Raj Singh, J.] [Vivek Chaudhary,J.] Digitally signed by :- POOJA SETH High Court of Judicature at Allahabad, Lucknow Bench