THE HON’BLE SRI JUSTICE SANJAY KUMAR W.P.No.18370 of 2010 Date: 30.07.2010 Between: Vadlamudi Narasimha Rao and another .. Petitioner AND The Superintendent of Police, Machilipatnam, Krishna District and 19 others .. Respondents THE HON’BLE SRI JUSTICE SANJAY KUMAR W.P. No.18370 of 2010 ORDER: The petitioners’ grievance is with regard to the reticence of the police and other authorities in not taking action against the respondents 5 to 20 upon their complaints. It is their case that the said persons are obstructing the petitioners’ enjoyment of their fish tanks in the subject lands situated in Majeru Village, Challapalli Mandal, Krishna District, for which they have been granted valid permission. It is stated that the petitioners approached this Court earlier when the Tahsildar, Challapalli Mandal, interfered with their activities and this Court, by order dated 15.06.2010 in W.P.M.P.No.16773 of 2010 in W.P.No.13299 of 2010, directed the said officer not to interfere with the aquaculture activities of the petitioners as long as they are done in accordance with the rules and regulations. Presently, the complaint of the petitioners is that at the behest of the Tahsildar, Challapalli Mandal, respondents 5 to 20 are interfering with their activities. The learned counsel for the petitioners stated that a contempt case has also been initiated against the Tahsildar, Challapalli Mandal, for violation of the order passed by this Court referred to above. Except for bare allegations that the alleged interference by respondents 5 to 20 is at the behest of the Tahsildar, Challapalli Mandal, there is no material to support or prove this allegation. As matters stand, if the petitioners are aggrieved by the alleged interference with their lawful activities by respondents 5 to 20 and they seek police intervention, which is being denied, their remedy is not to approach this Court directly, but to go before the Superintendent of Police under Section 154 (3) Cr.P.C. or the Magistrate concerned under Section 156 (3) Cr.P.C. As pointed out by the Hon’ble Supreme Court in Sakiri Vasu v. State of Uttar Pradesh[1] the Magistrate is empowered with very wide powers and can not only direct registration of an offence, if the situation so warrants, but also monitor the process, so as to obtain a proper investigation in the matter. Without availing this efficacious remedy, the petitioners approached this Court directly. No exceptional circumstances are made out warranting interference by this Court at this stage. The writ petition is accordingly dismissed leaving it open to the petitioners to avail the appropriate remedy under the Code of Criminal Procedure. No costs. __________________ SANJAY KUMAR, J Date: 30.07.2010 Note: Issue CC by Tuesday (B/o.) Isn [1] 2008 (2) SCC 409