I.Joseph v. The Sueperitendent Of Police,

THE HON'BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION No.4685 of 2011 ORDER:

This writ petition was filed assailing the inaction of the Superintendent of Police, Anantapur District, upon the petitioners' representation dated 11.02.2011. A consequential direction was sought to the Superintendent of Police, to return the named amounts of money to the petitioners on the ground that the police authorities had taken away certain articles from them.

The Inspector of Police, Central Crime Station Police Station, Anantapur, filed a counter-affidavit denying all the allegations made by the petitioners. He stated that the 2nd petitioner was examined by the police authorities in connection with Crime No.3 of 2011 on the file of the Gooty Police Station and Crime No.186 of 2010 on the file of the Tadipatri Police Station, but as his involvement was not established, he was immediately let off. The allegation that the police authorities took away cell phones and gold from the petitioners was also denied. The Inspector of Police concluded by stating that in the event the petitioners' presence was required during the investigation of any crime registered on the file of the Central Crime Station, Anantapur, the police would have to examine them and to prevent such action, the petitioners had filed the writ petition.

No reply-affidavit was filed by the petitioners rebutting the aforestated counter-affidavit averments.

Sri Kothapalli Ram Mohan Chowdary, learned counsel for the petitioners, would contend that though the police authorities had denied the allegations made in the writ affidavit, no action had been taken by the Superintendent of Police upon their representation dated 11.02.2011.

This Court is however of the opinion that no purpose would be served in directing the Superintendent of Police, Anantapur District, to cause an enquiry on the basis of the said representation at this late point of time. Those who were involved in this case in the year 2011 may not even be available now and no useful purpose would be served by directing such an enquiry in the absence of such persons. The writ petition is therefore dismissed taking on record the stand put forth by the Inspector of Police, Central Crime Station, Anantapur District, in his counter-affidavit. This order shall however not preclude the petitioners from seeking appropriate remedies in accordance with law as regards their grievances, if any, that may still subsist.

Pending Miscellaneous Petitions shall also stand dismissed. No order as to costs.

____________________ SANJAY KUMAR, J Date:25.06.2015 GJ