THE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION NO :23006 of 2009 DATED: 08-02-2010 Between: P.Venkata Ramana. ..... PETITIONER And The Commissioner of Police, Vijayawada police Commissionarate, PWD Grounds, Vijayawada & another. .....RESPONDENTS ORDER: According to the petitioner, she lodged a complaint with the 2nd respondent against her husband and concubine on 13-10-2009, alleging that they took away her son and harassed him as a result of which her son became mentally disturbed, and requesting to take action against them. However, the 2nd respondent did not receive the same. Aggrieved thereby, she approached this Court and filed the present Writ Petition. 2. Heard learned counsel appearing for the petitioner and the learned Government Pleader for Home appearing for the respondents 1 & 2. 3. It is true, when the police did not receive the complaint given by the petitioner, she is having an alternative remedy of filing a private complaint before the competent criminal Court, as provided for under Section 200 Cr.P.C. As and when such private complaint is filed, the Magistrate concerned either may take cognizance of the offence or refer the matter to the police, as provided for under Section 156(3) Cr.P.C. As and when the Magistrate concerned refers such private complaint to the police, they have no option, except to register the same as a crime, investigate into it and submit a final report, as provided for under Section 173 Cr.P.C. Without availing such alternative remedy, petitioner straightaway approached this Court and filed the present Writ Petition. 4. In the light of the above and taking into consideration the facts and circumstances of the case, petitioner is hereby directed to approach the competent criminal Court and file a private complaint before it as provided for under Section 200 Cr.P.C. against her husband and concubine, for redressal of her grievance. 5. Accordingly, Writ Petition is disposed of. There shall be no order as to costs. _______________________ T.GOPALAKRISHNA,J 08th February, 2010. Tsy