Heard learned advocate Shri B.R.Gupta for the petitioner.
Shri Gupta invited this Court's attention to the order dated 09.02.2012 and submitted that, despite of the clear order, till date, no reply affidavit is filed by anyone.
Learned AGP Ms. Asmita V.Patel places on record the letter addressed by her to the Commissioner of Police by way of fax, but she has expressed her helplessness, as no instruction had come forward. The Court directed her to obtain specific instruction, or else the concerned authority i.e. Commissioner of Police be called to remain present before the Court for answering the averments.
Ms.
Patel has thereafter, contacted on mobile and apropos her request one Shri R.K.Kumbhurlldiya, Police Inspector, Vatva is present and the learned AGP has indicated, under instruction, that there exists two hand written complaints and reports which are shown to the Court.
The Court is of the considered view that in light of this, as the reply affidavit is not filed by the competent authority, it would be proper to direct the competent authority i.e. D.C.P., Zone-6, may file affidavit after ascertaining the claims and veracity and answering the averments made in this petition. The affidavit be filed latest by 30.03.2012. No further time shall be granted in this matter. In case, if the D.C.P., Zone-6 fails in filing any affidavit, the Court will be left with no choice, but to summon the appropriate authority, including Commissioner of Police to explain the conduct.
Learned AGP undertakes to intimate this order to the concerned authority as soon as possible. S.O. to 30.03.2012.
Office is directed to make available copy of this order to the learned AGP, today for its onward communication/transmission.
(S.R.BRAHMBHATT, J.) Pankaj Top