THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.25220 of 2009 Date:10.12.2009 Between: V. Srinivas ... Petitioner and Central Bureau of Investigation, represented by its Director, New Delhi and others ... Respondents THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.25220 of 2009 ORDER: This writ petition is filed by the petitioner seeking a Writ of Mandamus to declare the action of the 3rd respondent in trying to arrest him in connection with Case No.RC 03(E)/2009-BLR of CBI, BSFC, Bangalore, without establishing a prima facie case and without issuing charge sheet against him, as illegal and arbitrary, and consequently, to direct respondents 1 to 3 not to arrest him in connection with the said case. 2. Heard both the learned counsel. 3. The learned counsel for the petitioner tried to canvass the facts relating to filing of the writ petition, but this Court is not inclined to go into the factual aspects, for the reason that the relief sought for in this writ petition cannot be granted. According to the petitioner, apprehending arrest in connection with Case No.RC 03(E)/2009-BLR of CBI, BSFC, Bangalore, he approached this Court and filed the writ petition seeking a direction to the police not to arrest him. In my considered view, in a writ petition under Article 226 of the Constitution of India, this Court cannot exercise the powers conferred therein. But, for granting anticipatory bail, Section 438 Cr.P.C. was not there in the original Criminal Procedure Code and as it was necessitated because of un-necessary arrests, the Parliament in its wisdom introduced Section 438 Cr.P.C. enabling the accused persons,who apprehend arrest, to approach a competent Criminal Court and seek anticipatory bail. When such a remedy, which is alternative and efficacious, is available, in my considered view, the present writ petition filed under Article 226 of the Constitution of India seeking the aforesaid relief cannot be entertained. This Court has taken this consistent view in almost all the writ petitions. 4. In view of my foregoing discussion, the writ petition id sidmissed. If the petitioner so chooses, he may approach the competent criminal court and move an application seeking anticipatory bail, and on such application, the said court will consider the same and pass appropriate orders thereon, in accordance with law. There shall be no order as to costs. _________________________ GOPALA KRISHNA TAMADA, J 10th December, 2009 CBS THE HON’BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.25220 of 2009 (Dismissed) 10th December, 2009 CBS