THE HON'BLE SRI JUSTICE RAMESH RANGANATHAN WRIT PETITION No.29862 OF 2011 ORDER: Questioning the action of respondent Nos.1 to 6 in not protecting the petitioners property in H.No.7-144 of Bichkunda Village and Mandal, Nizamabad District, as illegal and arbitrary, and for a consequential direction to respondent Nos.1 to 6 to register criminal cases against respondent Nos.7 to 11 basing on the petitioners complaints dated 22.09.2011, 30.09.2011 and 02.11.2011, the present Writ Petition is filed. The petitioners also seek a consequential direction to respondent Nos.3 to 6 to pay damages to them for causing damage to their property due to their inaction in protecting their property, which the petitioners quantify as Rs.4,50,000/-. Insofar as non-registration of criminal cases is concerned, as held by the Supreme Court, in Sakiri Vasu v. State of Uttar Pradesh and others[1], the petitioners have an effective remedy under Section 156(3) of the Code of Criminal Procedure, 1973 (Cr.P.C.), whereunder the Magistrate concerned has not only the power to order registration of an offence, but also to direct the officer incharge of the concerned police station to hold proper investigation and, if need be, to monitor the investigation, if any, carried on. Insofar as the petitioners’ claim for damages is concerned, the appropriate remedy is by way of a Suit before the Civil Court of competent jurisdiction. I see no reason to exercise discretion to entertain the Writ Petition. Leaving it open to the petitioners to avail the remedy under Section 156 (3) Cr.P.C. insofar as relief (a) is concerned, and to file a Suit before the Civil Court of competent jurisdiction insofar as relief (b) is concerned, the Writ Petition is dismissed. However, in the circumstances, without costs. _____________________________ RAMESH RANGANATHAN, J November 10, 2011 MD THE HON'BLE SRI JUSTICE RAMESH RANGANATHAN WRIT PETITION No.29862 OF 2011 November 10, 2011 MD [1] (2008) 2 SCC 409