PARVATI DEVI @ PARWATI DEVI v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME LKO. AND 2 OTHERS
CRLP/7295/2025 · 2025-08-20
Rajesh Singh Chauhan, S Q H Rizvi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 156937 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 156937 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:48681-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 7295 of 2025 Petitioner :- Parvati Devi @ Parwati Devi Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. And 2 Others Counsel for Petitioner :- Seema Devi Counsel for Respondent :- G.A.,Kuldeep Srivastava Hon'ble Rajesh Singh Chauhan,J. Hon'ble Syed Qamar Hasan Rizvi,J.
1. Heard Ms. Seema Devi, learned counsel for the petitioner, 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 directing the Special Court of Anti Corruption (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 1) in the interest of justice"
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.
Order Date :- 20.8.2025 Reena/- (Syed Qamar Hasan Rizvi,J.) (Rajesh Singh Chauhan,J.) Digitally signed by :- REENA KANNAUJIYA High Court of Judicature at Allahabad, Lucknow Bench