IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE EIGHTEENTH DAY OF AUGUST TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION NO : 8136 of 2009 Between: P. Mashender S/o. Shivaiah R/o. Maschender, H.No.2-10-1238, Jyothi Nagar, Karimnagar. ..... PETITIONER AND 1 The Govt. of A.P. Rep. by its Principal Secretary to Home Secretariat, Hyderabad. 2 The Superintendent of Police Karimnagar Karimnagar District. 3 The Station House Officer Police Station II Town Karimnagar, Karimnagar 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 to issue a writ, order or direction more particularly one in the nature of writ of Mandmaus declaring the action of the respondents 2 and 3 herein in not registering any crime and not taking action against accused therein on petitioner complaint dt. 21-02-2009 as being illegal, arbitrary and unconstitutional and consequently direct the respondents No.2 & 3 herein to register the crime and take action against accused therein on petitioner complaint dt.21-2-2009. Counsel for the Petitioner:MR.VENKATESHWAR VARANASI Counsel for the Respondent No.: GP FOR HOME The Court made the following : THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION NO : 8136 of 2009 ORDER: 1 The petitioner approached this court and filed the present Writ Petition with the following prayer: “For the reasons stated in the accompanying affidavit, it is prayed that this Hon’ble court may be pleased to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents 2 and 3 herein in not registering any crime and not taking action against the accused therein on petitioner complaint dt. 21.2.2009 as being illegal, arbitrary and unconstitutional and consequently direct the respondents No. 2 and 3 herein to register the crime and take action against accused therein on petitioner complaint dt. 21.2.2009 and pass such other order or orders as this Hon’ble Court may deem fit and proper in the circumstances of the case. “ 2 No doubt it is true that as and when a report making out a cognizable offence is made, the police are duty bound to register a crime under Section 154 of Cr.P.C. However, Section 154(3) of Cr.P.C. mandates that whenever the Station House Officer concerned does not act in accordance with law, the aggrieved person has a right to approach the Superintendent of Police and make a complaint against the Station House Officer concerned. In this regard this court places reliance on the judgment of the apex Court in Sakiri Vasu Vs. State of U.P. and Others[1]. As the grievance of the petitioner in this Writ Petition is also that though a report making out a cognizable offence is given, the Station House Officer is not registering a case, the petitioner is hereby directed to approach the Superintendent of Police making a complaint against the second respondent i.e. Station House Officer, II Town Police Station, Karimnagar. 3 The Writ Petition is accordingly disposed of. No order as to costs. ---------------- 18.08.2009 kvsn [1] AIR 2008 Supreme Court 907