HON’BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION No.18623 of 2010 Date: August 02, 2010 Between: V.B. Shastry. …Petitioner And 1. State of Andhra Pradesh, represented by its Commissioner of Police, Hyderabad City, Hyderabad and 6 others. …Respondents * * * HON’BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION No.18623 of 2010 ORDER: The prayer of the petitioner in this writ petition is three fold. The first and second limbs of the prayer are with regard to the lapses on the part of the police authorities in carrying out proper investigation in crime No.41 of 2009 of City Police Station, Osmania University Campus, Hyderabad. The third limb of the prayer is to cancel the anticipatory bail of respondents 5 to 7 granted by this Court on 06.5.2009 under Section 438 Cr.P.C. in Criminal Petition No.3052 of 2009. 2. In so far as the third limb of the prayer is concerned the petitioner himself stated that his application seeking cancellation of the bail by way of Crl. M.P. No.7923 of 2009 in Criminal Petition No.3052 of 2009 was dismissed on 12.4.2010. That being so, this Court in exercise of extraordinary jurisdiction under Article 226 of the Constitution cannot sit in appeal over the orders passed by this Court on the criminal side. This prayer is therefore liable to be rejected. 3. In so far as the petitioner’s grievances with regard to the lapses in the investigation by the police are concerned, the proper remedy for the petitioner is to approach the Magistrate concerned under Section 156 (3) Cr.P.C. As pointed out by the Supreme Court in Sakiri Vasu v. State of Uttar Pradesh[1] the Magistrate is clothed with wide powers under the said provision and can monitor progress of the investigation so as to procure a proper investigation in the case. The Supreme Court pointed out that in such cases, this Court should not entertain writ petitions in the first instance unless exceptional circumstances exist. This case does not fall within that category. 4. The writ petition is accordingly closed leaving it open to the petitioner to avail the appropriate remedy before the Magistrate concerned under the Code of Criminal Procedure. There shall no order as to costs. ___________________ SANJAY KUMAR, J Date: August 02, 2010. Note: Issue C.C. by tomorrow. //B.O.// BSB [1] (2008) 2 Supreme Court Cases 409