IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE SECOND DAY OF MAY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION NO : 10314 of 2008 Between: 1 Sri. V. Narasimha Gupta, S/o. late Yadagiri, R/o. H.No. 7-76/1, Madurapuri Colony, Dilsukhnagar, Hyderabad. 2 Nawaj Hussian, S/o. Abbas Hussain, R/o. H.No. 18-8-254/B/A&D, Rakshapuram, Kanchanbagh, Hyderabad. ..... PETITIONERS AND 1 The Station House Officer, Pahedi Sharief Police Station, Hyderabad. 2 The Commissioner of Police, Cyberabad, Hyderabad. 3 Smt. Tallari Sattemma, W/o. late Venkatesham, R/o. Balapur Village, Saroornagar Mandal, R.R. Dist. 4 Tallari Srisailam, W/o. late Venkatesham, R/o. Balapur Village, Saroornagar Mandal, R.R. Dist. 5 Narasimha Reddy, S/o. Not known, aged major, R/o. Balapur Village, Saroornagar Mandal, R.R. Dist. 6 Govinda Reddy, S/o. Not known, aged major, R/o. Balapur Village, Saroornagar Mandal, R.R. Dist. 7 Babu Rao, S/o. Not known, aged major, R/o. Balapur Village, Saroornagar Mandal, R.R. Dist. 8 Prasad, S/o. Not known, aged major, R/o. Balapur Village, Saroornagar Mandal, R.R. Dist. .....RESPONDENTS Counsel for the Petitioner:MR.CH.RAVINDER Counsel for Respondent Nos.1 & 2: AGP FOR HOME The Court made the following : ORDER: This writ petition is filed for a writ of mandamus to declare the inaction of respondent Nos.1 and 2 in registering First Information Report against respondent Nos.3 to 8 as illegal and arbitrary. The petitioners sought for a consequential direction to register a criminal case on their complaint. Heard Sri Ch.Ravinder, learned counsel for the petitioners and perused the record. The grievance of the petitioners is that the complaint filed by them on 05.03.2008 before respondent Nos.1 and 2 against respondent Nos.3 to 8 is not being registered and no action is being taken on respondent Nos.3 to 8. If the complaint of a person is not registered, the aggrieved party has a right to approach the jurisdictional Magistrate with a private complaint under Section 190 read with Section 200 Cr.P.C. I n All India Institute of Medical Sciences Employees’ Union (Regd.) v. Union of India[1], the Supreme Court observed that a writ petition against the inaction of the police to register a criminal case is not to be entertained and the same has been reiterated in Gangadhar Janardan Mhatre v. State of Maharashtra[2], Minu Kumari v. State of Bihar [3] and Hari Singh v. State of U.P. [4] In a very recent judgment of the Supreme Court in Aleque Padamsee v. Union of India[5], this legal position is reiterated. In this view of the matter, the writ petition is dismissed with liberty to the petitioners to file a complaint under Section190 read with Section 200 Cr.P.C. before the jurisdictional Magistrate. As a sequel to dismissal of main petition, WPMP.No.13530 of 2008 filed by the petitioners for interim relief is disposed of as infructuous. C.V.NAGARJUNA REDDY, J 2nd MAY, 2008 kvni [1] (1996) 11 SCC 582 [2] (2004) 7 SCC 768 [3] (2006) 4 SCC 359 [4] (2006) 5 SCC 733 [5] (2007) 6 SCC 171