M/S. Sri.Vijaya Visakha Milk Producers Company Limited, v. The Additional Director General Of Police

THE HON'BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION No.32130 of 2012 ORDER:

This writ petition was filed assailing the letters dated 12.09.2012 and 21.09.2012 issued by the Inspector of Police, CID, RCIU, CID Office, VUDA Building, Siripuram, Visakhapatnam.

By the letter dated 12.09.2012, the Inspector of Police asked the Chairman of the petitioner - company to furnish information pertaining to its assets and also its connected records for the purpose of enquiry. By the subsequent letter dated 21.09.2012, the Inspector of Police informed the Chairman of the petitioner - company that the information furnished by it was insufficient and detailed the records and information which were required for the purpose of enquiry. By order dated 15.10.2012, this Court granted interim stay of all further proceedings pursuant to the impugned letters. Admittedly the impugned letters were addressed in connection with an enquiry to be undertaken by a House Committee constituted by the Twelfth Legislative Assembly of the erstwhile State of Andhra Pradesh.

Learned Advocate General for the State fairly conceded that as the said House Committee no longer exists, the question of undertaking the enquiry on that basis therefore does not arise. He also conceded that the impugned letter dated 12.09.2012 was not happily worded as it referred to the House Committee on the one hand and on the other hand purported to be a notice under Section 91 Cr.P.C. Learned Advocate General further stated that as on date there was no complaint or crime registered against the petitioner - company warranting investigation by the police authorities.

In that view of the matter, the enquiry sought to be undertaken by the police authorities under the impugned letters has no basis presently. The writ petition is accordingly allowed setting aside the impugned letters dated 12.09.2012 and 21.09.2012 addressed by the Inspector of Police, CID, RCIU, CID Office, VUDA Building, Siripuram, Visakhapatnam.

Pending miscellaneous petitions, if any, shall stand closed in the light of this final order. No order as to costs.

___________________________ SANJAY KUMAR, J Date:30.09.2015 GJ