IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE FIFTH DAY OF SEPTEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MS JUSTICE G.ROHINI WRIT PETITION NO : 19294 of 2008 Between: Vemavaram Mohan S/o.late V.David CSI Campbell Hospital, Jammalamadugu, Kadapa District. ..... PETITIONER AND 1 The Superintendent of Police, Kadapa, Kadapa District. 2 Deputy Superintendent of Police, Jammalamadugu, Kadapa District. 3 C.I. of Police, Jammalamadugu Police Station, Kadapa District. 4 S.I. of Police, Jammalamadugu Police Station, Kadapa 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 will be pleased to issue a Writ order or direction more particularly one in the nature Writ of Mandamus or any other appropriate writ or direction declaring the action of the respondents in not registering the complaint and conducting any enquiry or any action on the repeated complaints of the petitioner's is highly arbitrary, illegal and violative of Article 21 of the Constitution of India and pass such further or other orders. Counsel for the Petitioner : SRI. M.KARIBASAIAH Counsel for the Respondents : GP FOR HOME The Court made the following : THE HON’BLE Ms. JUSTICE G. ROHINI WRIT PETITION NO.19294 OF 2008 ORDER: This writ petition is ﬁled seeking a declaration that the action of the respondents in not registering the complaints dated 14.4.2007, 20.6.2007 and 8.7.2008 as arbitrary and illegal apart from being in violation of Article 21 of the Constitution of India. I have heard the learned counsel for the petitioner as well as the learned Government Pleader for Home appearing for the respondents. It is true that under sub-section (1) of Section 154 of Cr.P.C. every information relating to the commission of any cognizable oﬀence shall be reduced to writing by the Oﬃcer in- charge of the Police Station and as per sub-section (2), a copy of the information as recorded under sub-section (1) shall be given forth with, free of cost to the informant. It is relevant to note that under sub-section (3) of Section 154 any person aggrieved by the refusal on the part of the Oﬃce in-charge of the Police Station to record the information referred to in sub-section (1) may sent the substance of such information in writing by post to the Superintendent of Police. That apart it is also open to the Complainant to make a complaint before the Magistrate having jurisdiction to take cognizance of the oﬀence. In the circumstances, I am of the view that the alleged non-registration of FIR pursuant to the information given by the petitioner cannot be taken as a ground to issue a Writ of Mandamus as sought for. Further as held by the Apex Court in Criminal Appeal No.1685 of 2007 (Sakiri Vasu vs. State of U.P. and others), when the petitioner has not taken recourse to any of the alternative remedies available under the Code of Criminal Procedure, he cannot be permitted to invoke the jurisdiction of this Court under Article 226 of the Constitution of India. In the circumstances, I am not inclined to grant the relief sought for in the Writ Petition. Accordingly, granting leave and liberty to work out the alternative remedies available, the Writ Petition is dismissed. No costs. ______________ G. ROHINI, J. Dt. 05.09.2008 gbs Note:- CC in 4 days. (B/O) gbs