HON’BLE SRI JUSTICE NOUSHAD ALI Writ Petition No.34387 of 2011 Date: 28-12-2011 Between Shaik Basheer … Petitioner and The Commissioner of Police, Hyderabad, Office at Basheerbagh, Hyderabad and 7 others … Respondents HON’BLE SRI JUSTICE NOUSHAD ALI Writ Petition No.34387 of 2011 Order: Heard Sri Shaik Jilani, learned counsel for the petitioner and the learned Assistant Government Pleader for Home appearing for the respondents 1 to 3. 2. The petitioner has approached this Court complaining that the respondents 1 to 3 are not registering a criminal case against the respondents 4 to 8 on his complaint dated 10-12-2011. The petitioner, therefore, seeks a mandamus directing the 3rd respondent to register the said complaint. 3. The case of the petitioner is that his marriage was performed with the 4th respondent on 24-6-2001. He was in Saudi Arabia for some time, during which time his wife along with children went to her parents’ house and later refused to join his company. The petitioner states that on 10-12-2011 the 4th respondent (petitioner’s wife), respondents 5 and 6 (petitioner’s father-in-law and mother-in-law) and respondents 7 and 8 (petitioner’s brothers-in-law) trespassed into his house and attempted to kill him by attacking with a knife. It is stated that he lodged a complaint on 10-12- 2011 in Chandrayanagutta Police Station for appropriate action. Since the 3rd respondent has not registered the said complaint, the petitioner has filed this writ petition for the aforesaid relief. 4. If the petitioner’s grievance is that his complaint has not been registered, in my opinion, he cannot straight away approach this Court by invoking Article 226 of the Constitution of India. Considering the same question in Sakiri Vasu v. State of U.P.[1] the apex Court held as follows: “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? 27. As we have already observed above, the Magistrate has very wide powers to direct registration of an FIR and to ensure a proper investigation, and for this purpose he can monitor the investigation to ensure that the investigation is done properly (though he cannot investigate himself). The High Court should discourage the practice of filing a writ petition or petition under Section 482 Cr.P.C. simply because a person has a grievance that his FIR has not been registered by the police, or after being registered, proper investigation has not been done by the police. For this grievance, the remedy lies under Sections 36 and 154(3) before the concerned police officers, and if that is of no avail, under Section 156(3) Cr.P.C. before the Magistrate or by filing a criminal complaint under Section 200 Cr.P.C. and not by filing a writ petition or a petition under Section 482 Cr.P.C. 28. It is true that alternative remedy is not an absolute bar to a writ petition, but it is equally well settled that if there is an alternative remedy the High Court should not ordinarily interfere.” 5. The aforesaid judgment has clearly laid down that the persons aggrieved by non registration of a complaint have got other remedies. In the instant case, the petitioner indisputably has not invoked any such remedies. 6. In that view of the matter, I am not inclined to entertain the writ petition and the same is accordingly dismissed, at the stage of admission. 7. In view of disposal of the writ petition, W.P.M.P.No.42796 2011 is dismissed as unnecessary. No costs. ___________________ NOUSHAD ALI, J. 28th December, 2011. Ak HON’BLE SRI JUSTICE NOUSHAD ALI Writ Petition No.34387 of 2011 28th December, 2011. (Ak) [1] A.I.R. 2008 SUPREME COURT 907