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2025 DAILYLAW 156559 (ALL)

MAHESH PRASAD v. UNION OF INDIA THRU. SECY. MINISTRY OF FINANCE, NEW DELHI AND OTHERS

CRLP/7254/2025 · 2025-08-12

Rajesh Singh Chauhan, S Q H Rizvi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:47134-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 7254 of 2025 Petitioner :- Mahesh Prasad Respondent :- Union Of India Thru. Secy. Ministry Of Finance, New Delhi And Others Counsel for Petitioner :- Priyam Kumar Singh,Ashutosh Bajpai Counsel for Respondent :- A.S.G.I.,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: "Issue a writ order in the commanding to the court of Learned Special Judge, Anti Corruption, CBI (West), Lucknow to consider the case of the petitioner in light of direction of the order dated 01.07.2024, 16.12.2024 and 28.05.2025 passed by this Hon'ble Court in CRLP No. 20172 of 2023, "Prakash Chandra Tiwari Versus Union of India and others, contained as Annexure No.1 during the pendency of the writ petition, 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