IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE NINETH DAY OF JULY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE D.S.R.VARMA and THE HON'BLE MR JUSTICE K.C. BHANU WRIT PETITION No.14643 of 2008 Between: Silari Sitarama Naidu, S/o.Swamy Naidu H.No.11-12-137, Shakti Hights, R.K.Puram, Kothapet, Hyderabad. ..... PETITIONER AND 1 The Director General of Police Lakdi-ka-Pool, Hyderabad 2 The Commissioner of Police, Hyderabad. 3 The Superintendent of Police, Saroornagar, Ranga Reddy District. 4 The Asst.Commissioner of Police, Saroornagar, Ranga Reddy District. 5 The Station House Officer, Saroorngar P.S., Kothapet, Ranga Reddy District. 6 Addagatta Raju, S/o.Narasaiah, D.No.1947, Pan Bazar, Secunderabad. .....RESPONDENT(S) Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue a writ, order or direction more particularly one in the nature of writ of Habeas Corpus directing the respondents 1to 5 produce the petitioner's family members i.e., his father Silari Swamy Naidu, mother Silari Chitti Prabha, brother Silari Murali Krishna and pregnant sister Silari Pavani before this Hon'ble court and may be ordered to release from the custody of the 6th respondent by providing police protection at liberty forthwith. Counsel for the Petitioner : MR.RAVI KUMAR MOTURI Counsel for the Respondent Nos.1 to 5 : THE ADVOCATE GENERAL The Court made the following : THE HON’BLE SRI JUSTICE D.S.R.VARMA AND THE HON’BLE SRI JUSTICE K.C.BHANU WRIT PETITION No.14643 of 2008 ORAL ORDER : (per the Hon’ble Sri Justice D.S.R.Varma) Heard learned counsel appearing for the petitioner as well as the learned Assistant Government Pleader, representing the learned Advocate General, appearing for respondent Nos.1 to 5. 2. The grievance of the petitioner in this writ petition is that his family members are allegedly in the illegal detention of the sixth respondent, who is the pay master of the father of the petitioner, and set them at liberty forthwith. 3. From the very affidavit filed in support of the writ petition, it appears that there are certain financial irregularities allegedly committed by the father of the petitioner. However, we are not inclined to express any opinion on those aspects. We are of the opinion that this Court cannot be used as a platform for making all kinds of complaints, like the present one. There is an effective alternative remedy provided under the Code of Criminal Procedure, 1973 (for brevity “Cr.P.C.”) and the petitioner is expected to lodge a complaint before the police concerned, which has been specially meant for investigating into such complaints. This Court cannot be converted into an investigating agency and cannot be treated as a substitute to such an agency. If no action has been taken by the police on such complaint, in fact, there is another remedy available to the petitioner by way of making a private complaint under Section 200 Cr.P.C., before the Magistrate concerned. Without pursuing the other remedies available to the petitioner under law, straight away approaching this Court would amount to abuse of the process of law. 4. Having regard to the above facts and circumstances, we do not find any reason to entertain this writ petition and we treat the same as a frivolous and vexatious writ petition. 5. Accordingly, the writ petition is dismissed, at the stage of admission. However, there shall be no order as to costs. _______________________ JUSTICE D.S.R.VARMA _______________________ JUSTICE K.C.BHANU 09-07-2008 Msr. ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Director General of Police Lakdi-ka-Pool, Hyderabad 2 The Commissioner of Police, Hyderabad. 3 The Superintendent of Police, Saroornagar, Ranga Reddy District. 4 The Asst.Commissioner of Police, Saroornagar, Ranga Reddy District. 5 The Station House Officer, Saroorngar P.S., Kothapet, Ranga Reddy District. 6. 2 CCs to the Advocate General, Government of Andhra Pradesh, High Court Buildings, Hyderabad. (OUT). 7. 2 CD copies. THE HON’BLE SRI JUSTICE D.S.R.VARMA AND THE HON’BLE SRI JUSTICE K.C.BHANU WRIT PETITION No.14643 of 2008 09-07-2008 (Msr)