IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY FIRST DAY OF OCTOBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MS JUSTICE G.ROHINI WRIT PETITION NO : 21730 of 2008 Between: M/s.Rajvir Industries Ltd. A.Public Limited Company, Registered Having its registered office at 1st Floor, Surya Towers, 105, S.P. Road, Secunderabad. rep.by its Executive Director, Mr. Ritesh K.Agarwal ..... PETITIONER AND The Station House Officer, Mahaboobnagar Rural Police Station, Mahabubnagar District. .....RESPONDENT 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 to issue a writ order or direction more particularly one in the nature of Writ of Mandamus declaring that the inaction on the part of the respondent in not investigating not the matter bearing FIR No.224/2006 as arbitrary, illegal and contrary to the principles of natural justice and pass such other or orders as this Hon'ble Court may deem ﬁt and proper in the facts and circumstances of the case. Counsel for the Petitioner:MR.K.ANUP KUMAR Counsel for the Respondent No.: GP FOR HOME The Court made the following : THE HON’BLE Ms. JUSTICE G. ROHINI WRIT PETITION No.21730 OF 2008 ORDER : The petitioner which is a Company registered under the Companies Act, 1956, has been carrying on business of manufacturing cotton and blending yarn at Mahabubnagar. On 21-04-2006 the petitioner-Company ﬁled a complaint under Section 200 read with Section 190(a) of the Code of Criminal Procedure, 1973 before the XI Additional Chief Metropolitan Magistrate, Secunderabad against M/s. Surya Laxmi Cotton Mills Private Limited alleging commission of oﬀences under Section 120(b), 406 and 420 of the Indian Penal Code, 1860. The said complaint was referred to the Station House Oﬃcer, P.S.Mahankali on 25-04-2006 with a direction to investigate into the matter and submit a report. Pursuant thereto, the SHO, P.S.Mahanklai registered FIR No.106 of 2006 dated 01-05-2006. Subsequently, the said crime was transferred to P.S.Mahabubnagar Rural i.e., the respondent herein as the alleged offences took place under the jurisdiction of the said police station. Consequently, the said crime was re- registered as FIR No.224 of 2006, dated.09-07-2006. The petitioner alleges that since then no progress has been made in the investigation in spite of the several requests made by the petitioner and that no charge sheet has been ﬁled so far. Hence, the present writ petition seeking a direction to the respondent to investigate into FIR No.224 of 2006 dated 09-07-2006 and submit a report at the earliest. Heard the learned counsel for the petitioner and the learned Government Pleader for Home appearing for the respondents and perused the material on record. Even assuming that there is no progress in the investigation in FIR No.224 of 2006, the petitioner cannot straightaway invoke the extraordinary jurisdiction of this Court under Article 226 of the Constitution of India. As held by the Supreme Court in Sakiri Vasu Vs. State of U.P. & Ors ([1]) on an application under Section 156(3) Cr.P.C. if the Magistrate is satisﬁed that proper investigation has not been done or is not being done by the oﬃcer in-charge of the concerned Police Station, he can certainly direct the oﬃcer in-charge of the Police Station to make a proper investigation and can further monitor the same. Without exhausting such an alternative remedy, the petitioner cannot maintain this writ petition. Accordingly, granting leave and liberty to the petitioner to work out the alternative remedy available under law for redressal of his grievance, the writ petition is disposed of. No costs. ______________ G. ROHINI, J. Dt. 21.10.2008 *TSNR Note:- CC in 2 days. (B/O) klp [1] AIR 2008 S.C.907