VEENA PANDEY v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME LKO. AND OTHERS
CRLP/7126/2025 · 2025-08-12
Rajesh Singh Chauhan, S Q H Rizvi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 156405 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 156405 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:47130-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 7126 of 2025 Petitioner :- Veena Pandey Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. And Others Counsel for Petitioner :- Laxmi Narayan Gupta,Mahendra Singh Counsel for Respondent :- G.A.,Rohit Tripathi Hon'ble Rajesh Singh Chauhan,J. Hon'ble Syed Qamar Hasan Rizvi,J.
1. Heard learned counsel for the petitioners, and Sri Rohit Tripathi, learned counsel appearing for the respondent- Enforcement Directorate and Sri G.D. Bhatt, learned AGA for the State..
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 Special Court of Anti Corruption C.B.I. (West), Lucknow to consider the claim of petitioner under Section 8 of the Act 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 (Contained as Annexure No. 1), in the interest of justice. II) issue a writ, order or direction in the nature of mandamus directing the State to return back the money deposited by the Petitioner to Shine City Company along with interest as fixed by this Hon'ble Court 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 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. . [Syed Qamar Hasan Rizvi,J.] [Rajesh Singh Chauhan,J.]
Order Date :- 12.8.2025 Om Digitally signed by :- OM PRAKASH MISHRA High Court of Judicature at Allahabad, Lucknow Bench