RITU CHAUDHARY AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND OTHERS
CRLP/7999/2025 · 2025-09-17
Rajesh Singh Chauhan, S Q H Rizvi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 160616 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 160616 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. WRIT PETITION No. - 7999 of 2025 Court No. - 9 HON'BLE RAJESH SINGH CHAUHAN, J.
HON'BLE SYED QAMAR HASAN RIZVI, J.
1. Heard learned counsel for the petitioners, Sri Sani Pratap Singh, learned A.G.A. for the State/opposite party as well as Ms. Nida Navi, Advocate holding brief of Shri Rohit Tripathi, learned counsel appearing for the respondent no.2/Joint Director of Directorate of Enforcement and perused the material available on record. 2. The petitioners have approached this Court for the following main prayer:
"to issue a writ, order or direction in the nature of Mandamus, directing to the court of Learned Special Judge, CBI/Enforcement Directorate, District Lucknow to accept the claim of petitioner and decide the same as per order dated 21.08.2024 passed by this Hon'ble Court in Criminal Writ Petition No.14477 of 2024 (Shri Niwas Upadhyay & another vs. State of U.P. & 9 others) and order dated 19.03.2025 passed by this Hon'ble High Court Lucknow Bench in Criminal Writ Petition No.1705 of 2025; (Ram Naresh Panwar & others vs. State of U.P. & ors.) within stipulated period which this Hon'ble Court may deem fit and proper."
3. Submission of learned counsel for the petitioners is that the petitioners are entitled for return of their money which was deposited in 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 petitioners further submits that they want to file their claim before the said court which may be considered and decided in accordance with law. 4. Shri Rohit Tripathi,, learned counsel appearing for respondent no.2 submits that there is a stay order granted by the Hon'ble Supreme Court on Versus Counsel for Petitioner(s) : Apoorva Jyoti, Mohd Usman, Shubham Pal Counsel for Respondent(s) : G.A., Rohit Tripathi Ritu Chaudhary And Another .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Home Lko. And Others .....Respondent(s)
24.02.2025 in Special Leave Petition (Criminal) Diary No. 5578 of 2025 with regard to the orders arising out of writ petition filed at Allahabad and the C.B.I. Court has to take the same into consideration while considering any claim.
Counsel for respondent no.2 further states that there is no dispute that petitioners can file their claims before the court concerned which are 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 with regard to the said matter or by any other Court. 5. With the aforesaid, present writ petition stands disposed of permitting the petitioners to raise their claim before the Special Court of Anti Corruption C.B.I. (West), Lucknow in accordance with law, which shall consider the same after hearing all the parties, in accordance with law, as observed above. September 17, 2025 Reena/- CRLP No. 7999 of 2025 2 (Syed Qamar Hasan Rizvi,J.) (Rajesh Singh Chauhan,J.) Digitally signed by :- REENA KANNAUJIYA High Court of Judicature at Allahabad, Lucknow Bench