M/S Srinivasa Kirana And Jaggery, v. The Superintendent Of Police, Nalgonda

THE HON'BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION No.19970 of 2011 Date:23.06.2015 Between:

M/s. Srinivasa Kirana & Jaggery, Rep. by its Pro.G.Srinivas.

.... Petitioner And The Superintendent of Police, Nalgonda and others.

... Respondents

THE HON'BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION No.19970 of 2011 ORDER:

This writ petition was filed assailing the action of the police authorities in interfering and harassing the petitioner concern in connection with its business in alum. According to it, the said business was being carried on under a valid licence, but in spite of the same, the police authorities were seizing its alum stock though necessary documentation was shown to account for the same. The Inspector of Police, Chandur Police Station, Nalgonda District, furnished written instructions dated 18.06.2015 to the office of the learned Government Pleader for Home wherein he stated that no criminal case had been registered against the petitioner concern and therefore, the question of interference with its business did not arise.

However, Sri Praveen Kumar Veerjala, learned counsel for the petitioner concern, states on instructions that as of now there are two criminal cases registered against the petitioner concern by the police authorities and the same are pending at different stages. In that view of the matter, the petitioner concern cannot complain of police interference with its business. In the event any case is registered against the petitioner concern, the police would necessarily have to investigate the same and in that process, summon and examine the proprietor of the petitioner concern apart from carrying out physical verification, if warranted, in accordance with the due procedure.

Needless to state, the police authorities are bound to abide by the prescribed procedure as per the Code of Criminal Procedure, 1973, while carrying out investigations and taking necessary steps thereafter.

Making this position clear, the writ petition is closed. Pending Miscellaneous Petitions shall also stand closed. No order as to costs.

____________________ SANJAY KUMAR, J Date:23.06.2015 GJ