HIGH COURT OF JUDICATURE OF ANDHRA PRADESH THE HONOURABLE SRI JUSTICE SANJAY KUMAR WRIT PETITION NO. 19535 OF 2010 Tuesday, the Tenth day of August, Two Thousand and Ten Between Syed Nisar Hussain Petitioner AND The Commissioner of Police, Cyberabad and others Respondents ORAL ORDER: The grievance of the petitioner is with regard to the alleged somnolence of the Station House Officer, Rajendernagar Police Station, in acting upon his representation dated 22.7.2010 with regard to the inclusion of certain named persons in Cr. No. 697 of 2010 of Rajendernagar Police Station, pertaining to the murder of the petitioner’s brother. Lapses on the part of the police authorities in investigating an offence and taking necessary action against the accused persons basing on such investigation, is normally not a matter for judicial review by this court under Article 226 of the Constitution of India in the first instance. The proper course for the complainant in such cases, as pointed out by the Supreme Court in Sakiri Vasu Vs. State of Uttar Pradesh and others([1]), is to approach the Magistrate concerned under Sec. 156(3) Cr.P.C. By virtue of the said provision, the Magistrate is empowered to monitor the investigative process so as to obtain proper investigation in the matter and see that all the persons involved in the offence are arrayed as the accused in the crime. Without availing this efficacious remedy, the petitioner straightaway approached this court. The writ petition is accordingly closed leaving it open to the petitioner to approach the Magistrate concerned for taking necessary action in the matter. No costs. __________________ Justice Sanjay Kumar August 10, 2010 MAS [1] 2008(2) SCC 409