IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) PRESENT: THE HON’BLE MR. JUSTICE C.V.NAGARJUNA REDDY MONDAY, THE EIGHTH DAY OF JUNE, TWO THOUSAND NINE ONLY WRIT PETITION No.5431 of 2009 Between: C.V.G.Saravana Kumar. … Petitioner And The Inspector of Police, Musheerabad P.S., Hyderabad and two others. … Respondents Counsel for the petitioners: None. Counsel for the respondents: AGP for Home. This Court made the following: ORDER:- This Writ Petition is filed for a Writ of Mandamus to declare the inaction of the respondents in registering a crime on the basis of complaint dated 9-12-2008 given by the petitioner, as illegal and arbitrary. The petitioner sought for a direction to respondent No.1 to register the crime, on the basis of the complaint given by him. At the hearing there is no representation for the petitioner. In the affidavit, the petitioner alleged that there are matrimonial disputes between him and his wife-B.Archana and that on 9-12-2008 his wife, her mother and 30 others forcibly entered his residential apartment, abused him and his mother in a filthy language and tried to manhandle them by threatening that they will be killed. The grievance of the petitioner is that though he filed a complaint, the same was not registered as a crime. In the counter-affidavit filed by the Inspector of Police, Musheerabad Police Station, it is, inter alia, stated that on receipt of the complaint from the petitioner a G.D.entry was made on 9-12-2008; that their preliminary enquiry revealed that the contents of the complaint were not correct; that as the petitioner and Archana got married in Arya Samaj against the wishes of the parents of the petitioner, the former were not allowing the petitioner and his wife into their house; and that in view of the disputes arising between the petitioner and his wife, they were living separately. It was further stated that the petitioner’s wife filed a suit for restitution of conjugal rights, which is pending. It is further stated that as the Police were satisfied that no offence was committed by the persons named in the complaint of the petitioner, the case was not registered. No reply affidavit is filed controverting these averments. Under Section 200 Cr.P.C., a person, who is not satisfied with non-registration of the case, is entitled to file a private complaint. If the petitioner felt dissatisfied about non-registration of his complaint, there was no reason for him for not availing the said remedy before the jurisdictional Magistrate. The Supreme Court in Aleque Padamsee Vs. Union of India – (2007) 6 SCC 171 – held that the appropriate remedy for a person aggrieved by non-registration of the criminal case is to approach the jurisdictional Magistrate under Section 200 Cr.P.C., with a private complaint. Therefore, I am not inclined to grant any relief in the Writ Petition. The Writ Petition is accordingly dismissed with liberty to the petitioner to avail the remedy of filing a private complaint, if he so chooses. ------------------------------------ C.V.NAGARJUNA REDDY,J Date:08-6-2009 MNR