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2025 DAILYLAW 151334 (ALL)

SHANTI v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME LKO. AND OTHERS

CRLP/6339/2025 · 2025-07-16

Manish Kumar, Vivek Chaudhary

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:40616-DB Court No. - 10 Case :- CRIMINAL MISC. WRIT PETITION No. - 6339 of 2025 Petitioner :- Shanti Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. And Others Counsel for Petitioner :- Vinod Kumar,Amitabh Srivastava Counsel for Respondent :- G.A.,Rohit Tripathi Hon'ble Vivek Chaudhary,J. Hon'ble Manish Kumar,J. 1. Heard learned counsel for the petitioner, learned A.G.A. for the State-respondent(s) as well as Ms. Nida Navi, Advocate holding brief of Shri Rohit Tripathi, 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: "to issue a writ, order or direction in the nature of Mandamus, commanding/directing to the learned court having jurisdiction/authority concerned to consider the case of the petitioner in the light of direction of order dated 01.07.2024 passed by this Hon'ble Court at Allahabad in CRLP No.20172 of 2023, "Prakash Chandra Tiwari vs. Union of India and others" as well as to direct the State to return back the money deposited by the petitioner to Shine City Company along with interest, in the interest of justice." 3. Submission of learned counsel for the petitioner is that the petitioner is entitled for return of her 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 her claim before the said court which may be directed to be considered and decided in accordance with law. 4. Shri Rohit Ripathi, 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. Counsel for respondent no.2 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 her 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. (Manish Kumar, J.) (Vivek Chaudhary, J.) Order Date :- 16.7.2025 Praveen Digitally signed by :- PRAVEEN KUMAR High Court of Judicature at Allahabad, Lucknow Bench