Ronda Chennanuna v. Superintendent of-Police, Railways, Guntakal, Ananthapur District
2012-11-29
C.V.NAGARJUNA REDDY
body2012
DigiLaw.ai
ORDER 1. This writ petition is filed for a mandamus to declare the action of the respondents in not returning the gold chain recovered from the accused in Crime No.56/2003 on the file of Railway Police Station, Nandyal, as illegal and arbitrary. 2. Despite service of notices, no one appeared for the respondents at the hearing. 3. I have heard Sri Narasimha Rao Gudiseva, learned Counsel for the petitioner. 4. While the petitioner was travelling in 303 Passenger from Donakonda to Bethamcherla in a general compartment on 15.8.2003, an unknown person had snatched away her gold chain weighing 1 ½ tulas (15 grams) at 3.30 p.m. On the report given by the petitioner, respondent No.2 has registered Crime No.56/2003 for the offence under Section 379 I.P.C. During investigation, the stolen gold chain was recovered from respondent No.4 by the Investigating Officer. Respondent No.4 was arrested and was remanded by the Judicial First Class Magistrate for Railways, Guntakal. The petitioner has identified the gold chain during the identification parade held on 27.9.2003. 5. Respondent No.2-Police have filed charge-sheet before the Special Judicial First Class Magistrate for Railways, Guntakal. On coming to know that respondent No.4 was in the Military service, the learned Railway Magistrate has addressed letter dated 26.2.2005 to respondent No.3 Commanding Officer, 3, Engineer Regiment, C/o. 56, APO, informing that the case is transferred to the latter for disposal according to law. Since then, the Commanding Officer, has not issued any notices or summons either to the petitioner or to respondent Nos.2 and 4. Having waited for more than seven years, the petitioner has filed the present writ petition. 6. Even though no counter-affidavit has been filed by any of the respondents, written instructions issued by respondent No.2 are found in the file. Obviously, these instructions were furnished to the Court during the previous hearing by the Counsel representing respondent No.2. On perusal of these instructions, it is evident that respondent No.3-Commanding Officer, to whom the case was sent by the learned Railway Magistrate has not taken any steps to dispose of the same. Respondent No.2 has clearly stated in his written instructions that at present the case property, which is 1 ½ tulas of gold chain, is lying in the Guntakal Railway Police Station and that respondent No.2 will obey the directions, if any passed by this Court. 7.
Respondent No.2 has clearly stated in his written instructions that at present the case property, which is 1 ½ tulas of gold chain, is lying in the Guntakal Railway Police Station and that respondent No.2 will obey the directions, if any passed by this Court. 7. The case does not admit of any disputed questions of fact. Admittedly, the gold chain in question belongs to the petitioner. For the failure of respondent No.3 Commanding Officer, to whom the case was transferred by the learned Railway Magistrate, the petitioner cannot be put to sufferance. The purpose of initiation of the criminal proceedings is to twofold, namely, to punish the person who is guilty of commission of the offence, and to handover the property recovered during the investigation to the victim. As regards the first object, due to lethargy on the part of respondent No.3-Commanding Officer, respondent No.4 has escaped punishment. However, by withholding the stolen property on the ground of non-completion of the criminal proceedings, the petitioner's interests cannot be allowed to suffer. 8. For the above mentioned reasons, the writ petition is allowed. Respondent No.2 is directed to return the gold chain belonging to the petitioner recovered during the investigation in Crime No.56/2003 on the file of the Railway Police Station, Nandyal, to the latter, under acknowledgement, within a period of one month from the date of receipt of this order. In the event respondent No.3-Commanding Officer resumes the proceedings, respondent No.2 cannot be held responsible for handing over of the gold chain to the petitioner. 9. As a sequel, WPMP No.40783 of 2012 is disposed of as in fructuous.