IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE NINETH DAY OF APRIL TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION NO : 5032 of 2001 Between: 1 M/s. Mahaveer Jewelers, Rep. by its Prop.Akharaj Jain, S/o. Jugraj Kothari, H.No.20-5-42, Shali Banda, Hyderabad. 2 M/s. J.P.Jewelers, Rep. by its Prop.Goutham Kothari, S/o. Parasmal Kothari, Shalibanda, Hyderabad. ..... PETITIONERS AND 1 Assistant Commissioner of Police, Malakpet, Hyderabad. 2 Mr. Venkataramana, Station House Officer, Saidabad Police Station, SAidabad, Hyderabad. ..RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue an appropriate writ, order or direction, more particularly one in the nature of Writ of Mandamus to directing the respondents to follow the guidelines issued in the shape of executive instructions (a) Circular No.3241/Pol-B/A2-96-1, dt. 8-10-85, (b) Circular Memorandum No.1567-M-92, dt. 20-8-92, (c) Circular Memorandum No.1627/M1/92, dt. 10-9-92, (d) Circular Memorandum No.1618/M1/94, dt. 8-8-94 (e) Memorandum No.23554/General- B/A2/96-1, dt. 19-7-96 and (f) memorandum Rc.No.2953/C4/99, dt. 7-6- 99, issued by the Government of A.P., and Director General of Police, A.P., and to declare the action of the respondents in not following the procedure as contemplated under section 100 and 160 of Criminal Procedure code, at the time of seizure and relavent cases concerning is illegal, violative of principles of natural justice, arbitrary and also violative of Articles 19(i) (g), 21 and Article 300-A of Constitution of India, and consequently direct the respondents to follow the due process of law as contemplated under Sec.100 and 160 Crl.Procedure Code and strictly follow the guidelines as fixed by the Hon'ble Supreme Court as decided in (1997) 1 SCC Page.426 and the orders passed in W.P. No.32886/88, dt. 25-11-98 and the orders passed in W.P. No.35884/98, dt. 14-2-2001, while dealing with the petitioners in matters relating to stolen property. Counsel for the Petitioners: MR.A.G.SEETHARAM Counsel for the Respondents.: GP FOR HOME The Court made the following : ORDER: None appeared for the petitioners when the matter has been taken up on 2.4.2008. Therefore, the matter was directed to be posted for dismissal today. Even today also none appeared for the petitioners nor there is any representation. Hence, the writ petition is dismissed for default. No costs. V.ESWARAIAH,J Dt.09.04.2008 KA ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 Assistant Commissioner of Police, Malakpet, Hyderabad. 2 Mr. Venkataramana, Station House Officer, Saidabad Police Station, SAidabad, Hyderabad. 3. 2 CCs to GP for Home, High Court of A.P. Hyd. 4 2 CD copies.