IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE FIRST DAY OF MAY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No: 10932 of 2005 BETWEEN: Sri Moti Singh S/o. Sohan Singh R/o. 18-39, MES Colony, Alwal, Secunderabad-15 ... PETITIONER AND 1 The State of Andhra Pradesh, Rep. by its Principal Secretary, Hyderabad. 2 Station House Officer, P.S. Alwal, R.R. District. 3 Jagan Mohan Sahani S/o. Madanlal Sahani R/o. 12/80, Alwal, Secunderabad-10. ...RESPONDENTS 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 Mandamus declaring the action of the R2 in not registering the FIR against R3 on the Complaint dated 30-4-2005 lodged by the petitioner as arbitrary, illegal, and unjust and consequently to direct the R2 to register FIR and take action as per law and pass such other order or orders as this Hon'ble Court may deem fit and proper in the interest of the justice. Counsel for the Petitioner: MR.C.M.R.VELU Counsel for the Respondents 1 & 2: GP FOR HOME Counsel for the Respondents No.3: MR. M. PRAVEEN KUMAR The Court made the following: ORDER: Petitioner seeks a writ of Mandamus to declare the action of the second respondent in not registering the FIR against the third respondent on the complaint dated 30.04.2005 lodged by him as illegal and arbitrary. 2. It is the case of the petitioner that on a complaint dated 01.05.2005 lodged by the third respondent a case in FIR.No.195 of 2005 was registered but on his complaint filed prior to the lodging of the complaint by the third respondent, the second respondent has not registered any case. 3. If that be so, I am of the opinion that the only course open to the petitioner is either to file a representation before the superior Police Officers or to file a private complaint setting criminal law into motion. In view of the effective alternative remedy available to the petitioner under Section 200 read with Section 190 of the Code of Criminal Procedure, I am of the opinion that the petitioner is not entitled to any relief in the writ petition. The writ petition is accordingly dismissed. There shall be no order as to costs. ______________ V. ESWARAIAH, J May 1, 2008 DSK