THE HON'BLE SRI JUSTICE RAMESH RANGANATHAN WRIT PETITION No.31425 OF 2011 ORDER: Failure on the part of respondent Nos.1 and 2, in not proceeding with the investigation in Crime No.143 of 2011 dated 19.07.2011; and in not taking action against the unoﬃcial respondents as per law, despite the petitioner’s representation dated 16.08.2011, is questioned in this Writ Petition as being arbitrary and illegal. The petitioner and respondent Nos.3 to 8 all belong to the Scheduled Tribes. On the ground that respondent Nos.3 to 8 had abused him, the petitioner made a complaint to the police oﬃcials. As no action was taken he ﬁled a private complaint, on 04.07.2011, which was referred to the second respondent by the I Additional Judicial Magistrate of First Class, Kothagudem, Khammam District. On the direction of the Learned Magistrate, Crime No.143 of 2011 was registered on 19.07.2011 for oﬀences under Sections 143, 494 and 506 read with 34 I.P.C. It is the petitioner’s grievance that though his complaint was registered four months ago, no action has been taken to cause investigation, and to ﬁle a final report. As held by the Supreme Court, in Sakiri Vasu v. State of Uttar Pradesh and others[1], the petitioner has an eﬀective remedy under Section 156(3) of the Code of Criminal Procedure, 1973 (Cr.P.C.), whereunder the Magistrate concerned has not only the power to order registration of an oﬀence, but also to direct the oﬃcer incharge of the concerned police station to hold proper investigation and, if need be, to monitor the investigation, if any, carried on. In view of the alternative remedy available to the petitioner, I consider it wholly inappropriate to exercise jurisdiction under Article 226 of the Constitution of India. Leaving it open to the petitioner to avail the alternative remedy under Section 156(3) Cr.P.C, the Writ Petition is dismissed. However, in the circumstances, without costs. _____________________________ RAMESH RANGANATHAN, J November 29, 2011 MD THE HON'BLE SRI JUSTICE RAMESH RANGANATHAN WRIT PETITION No.31425 OF 2011 November 29, 2011 MD [1] (2008) 2 SCC 409