IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) PRESENT THE HON’BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION NO.13629 OF 2010 DATED:19.07.2010 Between: M. Suresh Naidu … Petitioner And The Superintendent of Police Vizianagaram and others … Respondents THE HON’BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION NO.13629 OF 2010 ORDER: The petitioner submitted complaint dt.22.5.2010 to the Station House Officer, Kurupam Police Station, Vizianagaram District, alleging commission of an offence. His grievance is that the same was not taken on file and he was asked to settle the matter on the civil side. It is his case that the police authorities failed to follow the procedure under Section 154(1) of the Code of Criminal Procedure. On obtaining written instructions from the Station House Officer, Kurupam Police Station, Vizianagaram District, the learned Assistant Government Pleader for Home stated that the petitioner had lodged a complaint on 22.5.2010 with the Station House Officer, Kurupam Police Station, alleging that one Karlapudi Venkata Rambabu along with one Kondebathula Sitarama Choudary had fabricated documents and committed forgery. However, after a detailed enquiry on the said complaint, it came to light that there is a civil dispute pending between the petitioner and Karlapudi Venkata Rambabu and others regarding the subject land. In that view of the matter, the said Officer advised the petitioner to settle the matter by way of civil proceedings. The Station House Officer, Kurupam Police Station, denied that he had ever threatened the petitioner at any point of time. It is no doubt true that the same facts may give rise to both civil and criminal proceedings. If it is the case of the petitioner that sufficient ground was made out for registration of an offence punishable under the penal laws and that there is inaction on the part of the police authorities in this regard, the remedy in the ordinary course is not for him to approach this Court by way of a Writ Petition under Article 226 of the Constitution of India. As pointed out by the Supreme Court in Sakiri Vasu v State of U.P.[1] the proper course in such circumstances is for the petitioner to approach the concerned Superintendent of Police under Section 154(3) of the Code of Criminal Procedure or the concerned Magistrate under Section 156(3) of the Cr.P.C. He has also the remedy of lodging a private complaint under Section 200 of the Cr.P.C. Without availing these effective remedies, it is not open to the petitioner to directly approach this Court. The Writ Petition is accordingly dismissed leaving it open to the petitioner to avail the appropriate remedy under the Cr.P.C. No order as to costs. _______________ SANJAY KUMAR, J 19.7.2010 bnr [1] (2008) 2 SCC 409