IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE THIRTEENTH DAY OF AUGUST TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No.17637 of 2008 Between: Tatineni Ramchandra Rao S/o. Late T. Venkata Subba Rao R/o. H.No.1-2-72, 1st Floor, Street No.1, Kakatiyanagar, Habsiguda, Hyderabad- 5007. ..... PETITIONER AND 1 The Commissioner of Police, Vijayawada City, Vijayawada, Krishna District. 2 The Station House Officer, Penamalur Police Station, Vijayawada, Krishna District. .....RESPONDENT(S) Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court may be pleased to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in not registering the complaint by issuing FIR on the complaint endorsed on 24.01.2008 as illegal, arbitrary, unconstitutional and consequently direct the respondents to forthwith register FIR and to take necessary action in pursuance of to the complaint dated 24.01.2008. Counsel for the Petitioner:MR.SUBRAHMANYAM KURELLA Counsel for the Respondent No.: GP FOR HOME The Court made the following : THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No.17637 of 2008 ORDER: It is the case of the petitioner that he made a complaint, dated 24-01-2008, against some six persons alleging that they committed cognizable offence, but, the 2nd respondent has not registered any complaint so far. If any complaint has been made disclosing cognizable offence, it is the statutory duty of the police to register a case and investigate. In the event of not registering a case, even though the offence is cognizable, the course open for the complainant is to file a private complaint under Section 200 read with Section 190 Cr.P.C. before the Magistrate concerned. Learned Government Pleader appearing for Home submits that the Supreme Court, time and again, held that complainant has got effective alternative remedy before appropriate criminal court by filing a private complaint. As the petitioner has got effective alternative remedy, I am not inclined to admit the writ petition. Accordingly, the writ petition is dismissed with a liberty to file private complaint before the Magistrate concerned. There shall be no order as to costs. ___________ 13-08-2008 Prv ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{MSN}