ANITA YADAV v. JOINT DIRECTOR DIRECTORATE ENFORCEMENT ZONAL LKO. ANOTHER AND
CRLP/7314/2025 · 2025-08-20
Rajesh Singh Chauhan, S Q H Rizvi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 157041 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 157041 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:48684-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 7314 of 2025 Petitioner :- Anita Yadav Respondent :- Joint Director Directorate Enforcement Zonal Lko. Another And Counsel for Petitioner :- Divyanshu Singh Counsel for Respondent :- Kuldeep Srivastava Hon'ble Rajesh Singh Chauhan,J. Hon'ble Syed Qamar Hasan Rizvi,J.
1. Heard Sri Divyanshu Singh, learned counsel for the petitioner, 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:
"(i) To issue a writ, order or direction in the nature of Mandamus commanding to the learned court below having jurisdiction /authority concerned to consider the case of petitioner in light of direction (order dated 01.07.2024) passed by the Hon'ble Court, at Allahabad, in C.R.L.P. No.20172 of 2023. "Prakash Chandra Tiwari Vs. Union of India & others as well as order dated 18.02.2025 passed by this Hon'ble Court in C.R.L.P. No.1412/2025, "Babita Sahu Vs. State of U.P. & others", contained as Annexure No.1 to this writ petition, 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 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 her 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 her 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 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