THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.25211 of 2009 DATE:20.11.2009 Between: Bonala Sankara Chary ... Petitioner and The Station House Officer, L.B.Nagar P.S., Ranga Reddy District and others ... Respondents THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.25211 of 2009 ORDER: This writ petition is filed by the petitioner seeking a Writ of Mandamus to declare the action of the 1st respondent in not initiating criminal action against respondents 4 to 6, on his complaint dated 05.10.2009, as illegal and arbitrary, and consequently, to direct the 1st respondent to initiate criminal action against respondents 4 to 6 and also direct the 3rd respondent to initiate action against the 2nd respondent. 2. The case of the petitioner, in nutshell, is that he used to do business in gold under the name and style of "Pavani Jewellers" at Dharmavaram Town and purchase gold biscuits from the 4th respondent herein. As he sustained huge losses in the business, he was forced to close the business and also stop the transaction of purchasing of gold from the 4th respondent. Because there are civil disputes between him and the 4th respondent, the 4th respondent along with respondents 5 and 6 is visiting his house and harassing him both physically and mentally and threatening him with dire consequences. Hence, he gave a complaint against respondents 4 to 6 to the 1st respondent narrating all the facts, on 05.10.2009, but so far no action is taken by him. More over, the 2nd respondents is directing him to appear before the police station, at the instigation of respondents 4 to 6, and threatening him to execute a registered sale deed in favour of the 4th respondent. Being aggrieved by the same, he approached this Court and filed the present writ petition. 3. Heard the learned counsel for the petitioner and the learned Government Pleader for Home. 4. It is true, when the police do not act upon the complaint given by the petitioner, he 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 police, as provided for under Section 156(3) Cr.P.C. As and when the Magistrate concerned referred 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, the petitioner straight away approached this Court and filed the present writ petition for the relief sought for as above. Therefore, I see no merits in this writ petition. 5. However, taking into consideration the facts and circumstances of the case and it is also the grievance of the petitioner that at the instigation of respondents 4 to 6, the 2nd respondent is directing him to appear before the police station and threatening him with dire consequences, the petitioner is hereby directed to approach the competent criminal court and file a private complaint before it against respondents 4 to 6, for redressal of his grievance, and the 2nd respondent also is hereby directed not to direct the petitioner to appear before the police station, without following due process under law. 6. With the above directions, this writ petition is disposed of. There shall be no order as to costs. _________________________ GOPALA KRISHNA TAMADA, J 20th November, 2009 CBS THE HON’BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.25211 of 2009 (Disposed of) 20th November, 2009 CBS