IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWENTY THIRD DAY OF APRIL, TWO THOUSAND TEN PRESENT: THE HON’BLE MR. JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.9290 of 2010 Between: Ali Khan … Petitioner And The Superintendent of Police, Karimnagar & others. … Respondents Counsel for the petitioner: Sri Md. Saleem Counsel for respondents 1&2: AGP for Home This Court made the following: THE HON’BLE MR. JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.9290 of 2010 ORDER:- This writ petition is filed for a Mandamus to declare the inaction of respondent No.2 in registering complaint dated 06.04.2010 given by the petitioner against respondent No.3, as illegal and arbitrary. In his affidavit, the petitioner pleaded that he is the tenant of respondent No.3 in respect of Shop bearing No.3-3-169, wherein he is running a spectacle shop, that when respondent No.3 tried to forcibly evict him illegally, the petitioner filed a civil suit in the Court of the Junior Civil Judge, Karimnagar, which is pending and that on 06.04.2010, respondent No.3 with his younger brother came to the shop of the petitioner and collected rent of Rs.12,000/-. The petitioner further stated that when he asked for receipt, respondent No.3 threatened him to vacate the shop and warned that he will implicate him in criminal proceedings if he does not vacate the said shop. The petitioner further pleaded that immediately after the said incident, he approached respondent No.2 with a complaint and that in spite of the said complaint, no case has been registered by respondent No.2. I have heard Sri Md. Saleem, learned counsel for the petitioner and perused the record. Under Section 154(3) of the Code of Criminal Procedure, 1973 (for short, ‘Cr.P.C.’), the petitioner has an effective remedy of approaching the Superintendent of Police, if the police officer concerned refuses to register the case. If the Superintendent of Police also does not take action, the petitioner is entitled to file a private complaint under Section 190 Cr.P.C. The Supreme Court in Aleque Padamsee and others Vs. Union of India and others[1] held that the aggrieved party cannot straight away approach the constitutional Courts against non-registration of cases by the police in view of the availability of the abovementioned remedies. In this view of the matter, the writ petition is disposed of with liberty to the petitioner to avail the remedies referred to above. As a sequel to disposal of the writ petition, WPMP.No.11997 of 2010 filed by the petitioner for interim relief is disposed of as infructuous. _____________________________ C.V. NAGARJUNA REDDY, J Date: 23.04.2010 ES [1] (2007) 6 SCC 171