HONOURABLE Mr. JUSTICE R. SUBHASH REDDY Writ Petition No.23583 of 2007 Dated: February 15, 2008 Between: P. Krishna Kumar, S/o. Venkataramaiah, Hindu, aged 34 years, R/o. Dharmavaram, Ananthapur District. … Petitioner And The Superintendent of Police, Ananthapur, Ananthapur District, and others. … Respondents Order: This writ petition has been filed seeking Mandamus to declare the action of the respondents in not registering the complaint filed by the petitioner on 17-10-2007 as illegal and arbitrary and to direct them to act upon the said complaint. 2. Heard learned counsel for petitioners and learned Government Pleader for Home for respondents. 3. In the affidavit filed in support of the writ petition, it is stated that petitioner is the natural son of Sri S. Narsimhulu and Smt. S. Ratnamma and he was given in adoption to Sri P. Venkataramaiah in the year 1978 and was brought up by his adopted parents. It is the case of the petitioner that after the death of his adoptive father, i.e. Sri P. Venkataramaiah, he succeeded to properties and has developed the same with hard work. It is stated that his natural father, along with his associates, is interfering with the properties of the petitioner and has also trespassed into his oil mill. The grievance of the petitioner is that though he has lodged complaints dated 15-10-2007 and 20-10-2007 before third respondent, seeking protection, no action whatsoever has been taken. 4. Learned Government Pleader for Home, on instructions, submits that no complaint was received in the office of third respondent and in spite of thorough search, no entries were found in the General Diary on the dates on which the petitioner is stated to have lodged complaints to the respondents. It is stated that even in the office of the Superintendent of Police, no such complaint is received. 5. Though in the affidavit filed in support of the writ petition, petitioner has made certain allegations against his natural parents and some other persons, however, he has not made them party respondents in the writ petition. In that view of the matter, no direction can be issued to the respondents to act upon the complaints of the petitioner against third parties who are not parties to the writ petition, more so when it is the specific stand of the respondents that no such complaint has been received by them. Moreover, when petitioner has an alternative remedy of filing a private complaint before the Magistrate under Section 200 Cr.P.C for redressal of their grievance, without availing the same, he has rushed to this court. In a recent judgment, the Hon’ble Supreme Court, in the case of Sakiri Vasu Vs. State of U.P. and others, by judgment dated 07-12-2007, in Criminal Appeal No.1685 of 2007, held as follows: “ As we have already observed above, the Magistrate has very wide powers to direct registration of an FIR and to ensure a proper investigation, and for this purpose he can monitor the investigation to ensure that the investigation is done properly (though he cannot investigate himself). The High Court should discourage the practice of filing a writ petition or petition under Section 482 Cr.P.C. simply becaue a person has a grievance that his FIR has not been registered by the police, or after being registered, proper investigation has not been done by the police. For this grievance, the remedy lies under Sections 36 and 154(3) before the concerned police officers, and if that is of no avail, under Section 156(3) Cr.P.C. before the Magistrate or by filing a criminal complaint under Section 200 Cr.P.C. and not by filing a writ petition or a petition under Section 482 Cr.P.C.” 6. When such is the law, it is not open for the petitioner to invoke the writ jurisdiction of this court. The remedy lies in approaching the Magistrate by filing a private complaint under Section 200 Cr.P.C., but no directions by way of Mandamus can be issued. 7. The writ petition is devoid of merits and is accordingly dismissed keeping open to the petitioner to avail remedies open under law. No order as to costs. __________________________ JUSTICE R. SUBHASH REDDY. February 15, 2008 MRR