1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.827 OF 2009 Mr.H.K.Shah .. Petitioner V/s The State of Maharashtra & Ors. .. Respondents Mr.A.P.D.Fernandes for the petitioner. Ms.P.H.Kantharia, APP for the State. CORAM : SMT.RANJANA DESAI & R.G.KETKAR, JJ. DATE : 16TH JULY, 2009. P.C.: . The petitioner claims to be a builder. His grievance is that though he has filed complaint with the Antop Hill Police Station, the Antop Hill Police Station is not registering the offence. 2. We have heard learned counsel for the petitioner and learned APP for the State. We have perused the affidavit filed by Mr.V.S.Deokar, Senior Police Inspector of Antop Hill Police Station. We have also perused the rejoinder filed by the petitioner. 3. In our opinion, since the petitioner has alternate remedy of filing a private complaint, in the facts of this case, it is not necessary to entertain this petition. In the light of the judgment of the Supreme Court in Sakiri Vasu V/s.State of Uttar Pradesh and Others, (2008) 2 SCC 409, the petitioner 2 can approach the concerned Magistrate. We may quote relevant paragraphs of the said judgment:- “25. We have elaborated on the above matter because we often find that when someone has a grievance that his FIR has not been registered at the police station and/or a proper investigation is not being done by the police, he rushes to the High Court to file a writ petition or a petition under Section 482 Cr.P.C. We are of the opinion that the High Court should not encourage this practice and should ordinarily refuse to interfere in such matters and relegate the petitioner to his alternating remedy, first under section 154 (3) and Section 36 Cr.P.C.before the police officers concerned, and if that is of no avail, by approaching the Magistrate concerned under Section 156 (3).” “26. If a person has a grievance that his FIR has not been registered by the police station his first remedy is to approach the Superintendent of Police under Section 154(3) Cr.P.C.or other police officer referred to in Section 36 Cr.P.C. If despite approaching the Superintendent of Police or the officer referred to in Section 36 his grievance still persists, then he can approach a Magistrate under Section 156(3) Cr.P.C.instead of rushing to the High Court by way of a writ petition or a petition under Section 482 Cr.P.C. Moreover, he has a further remedy of filing a criminal complaint under Section 200 Cr.P.C. Why then should writ petitions or Section 482 petitions be entertained when there are so many alternative remedies? “ 4. Similar view has been taken by the Supreme Court in Aleque Padamsee & Others V/s.Union of India & Others, (2007) 6 SCC 171. 5. Thus the petitioner may avail of the remedy of filing a private 3 complaint. We make it clear that if the petitioner approaches the concerned Magistrate with a private complaint, the concerned Magistrate shall deal with it independently and in accordance with law. We have not expressed any opinion on the merits of the case. 6. Petition is disposed of. ( SMT.RANJANA DESAI, J.) (R.G.KETKAR, J.)