THE HON'BLE SRI JUSTICE RAMESH RANGANATHAN WRIT PETITION No.27466 OF 2011 ORDER: The action of the respondents in not initiating criminal action against the persons stated in the complaint dated 02.09.2011 is questioned in this Writ Petition. The petitioners claim to be owners of, and to be in possession of Ac.6-33 guntas and Ac.2-20 guntas of land. It is their case that they filed O.S.No.43 of 2000 for partition; the said Suit was dismissed; they preferred A.S.No.121 of 2009 thereagainst; while matters stood thus, persons named in the complaint dated 02.09.2011 had interfered with their possession and, despite the complaint being given on 02.09.2011, no action has been taken by the respondents till date. The complaint dated 02.09.2011 refers to the names of seven individuals who are not even arrayed as respondents in this Writ Petition. Be that as it may, as held by the Supreme Court, in Sakiri Vasu v. State of Uttar Pradesh and others[1], the petitioners have 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 petitioners, I consider it wholly inappropriate to exercise jurisdiction under Article 226 of the Constitution of India. Leaving it open to the petitioners 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 September 30, 2011 MD THE HON'BLE SRI JUSTICE RAMESH RANGANATHAN WRIT PETITION No.27466 OF 2011 September 30, 2011 MD [1] (2008) 2 SCC 409