THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.24507 of 2009 DATE:12.11.2009 Between: Makineni Venkata Sujatha ... Petitioner and The Station House Officer, Gundluru P.S., Gundluru, Prakasam District, and others ... Respondents THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.24507 of 2009 ORDER: This writ petition is filed by the petitioner seeking a Writ of Mandamus to declare the action of respondents 1 to 3 in not registering a crime against respondents 4 to 6, basing on her complaints dated 12.10.2009, 13.10.2009 and 19.10.2009, as illegal and arbitrary. 2. According to the petitioner, there are civil disputes between her and the 4th respondent with regard to the lands owned by her and ultimately the matter went upto the Supreme Court in S.L.P.No.18143 of 2006 wherein the Supreme Court directed both the parties to maintain satus-quo. Inspite of the same, the 4th respondent with the active support of respondents 5 and 6 is interfering with her peaceful possession of the lands. Therefore, she approached respondents 1 to 3 and gave complaints against them on 12.10.2009, 13.10.2009 and 19.10.2009. But however, no action has been initiated by respondents 1 to 3 so far. Being aggrieved by the same, she approached this Court and filed the present writ petition. 3. Heard the learned counsel for the petitioner and the learned Government Pleaders for Home and Revenue. 4. The learned counsel for the petitioner has submitted that when a complaint makes out a cognizable offence, the police are duty bound to register the same as a crime and investigate into it. He further submitted that though it is brought to the notice of respondents 1 to 3 about the litigation and also the order of status-quo granted by the Apex Court, they have not yet registered a crime against respondents 4 to 6. Therefore, he prays to allow this writ petition. 5. May be it is true that the matter is pending before the Apex Court and there is an order of status-quo granted by it. But in a case of this nature, when the police do not act upon the complaint given by the petitioner, she is having an alternative remedy of filing a private complaint before the competent criminal court, as provided for under Section 200 Cr.P.C. As and when such private complaint is filed, the Magistrate concerned either may take cognizance of the offence or refer the matter to police, as provided for under Section 156(3) Cr.P.C. As and when the Magistrate concerned referred such private complaint to the police, they have no option, except to register the same as a crime, investigate into it, and submit a final report, as provided for under Section 173 Cr.P.C. 6. For the foregoing reasons, I see no merits in this writ petition. However, in view of the facts and circumstances of the case, the petitioner is hereby directed to approach the competent criminal court and file a private complaint before it, for redressal of his grievance. 7. With the above direction, this writ petition is disposed of. There shall be no order as to costs. _________________________ GOPALA KRISHNA TAMADA, J 12th November, 2009 Note: Furnish C.C. by three days. (b/o) CBS THE HON’BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.24507 of 2009 (Disposed of) 12th November, 2009 Note: Furnish C.C. by three days. (b/o) CBS