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2025 DAILYLAW 159633 (ALL)

SAROJ LATA GAUTAM v. JOINT DIRECTOR OF DIRECTORATE OF ENFORCEMENT ZONAL OFFICER LKO. AND ANOTHER

CRLP/7786/2025 · 2025-09-16

Rajesh Singh Chauhan, S Q H Rizvi

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. WRIT PETITION No. - 7786 of 2025 Court No. - 9 HON'BLE RAJESH SINGH CHAUHAN, J. HON'BLE SYED QAMAR HASAN RIZVI, J. 1. Heard learned counsel for the petitioner, Sri Vipul Kumar Singh, learned State Law Officer 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 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 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 she wants to file her claim before the said court which may be directed to be considered and decided in accordance with law. Versus Counsel for Petitioner(s) : Dinesh Kr. Sharma, Arshad Hafeez Khan, Sunil Kumar Singh Counsel for Respondent(s) : Rohit Tripathi Saroj Lata Gautam .....Petitioner(s) Joint Director Of Directorate Of Enforcement Zonal Officer Lko. And Another .....Respondent(s) 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. Counsel for respondent no.2 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 the parties, in accordance with law, as observed above. September 16, 2025 Arun CRLP No. 7786 of 2025 2 (Syed Qamar Hasan Rizvi,J.) (Rajesh Singh Chauhan,J.) Digitally signed by :- ARUN KUMAR High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- ARUN KUMAR High Court of Judicature at Allahabad, Lucknow Bench