HON’BLE Mr. JUSTICE R. SUBHASH REDDY Writ Petition No.2610 of 2008 Dated: February 11, 2008 Between: V. Kiran Kumar, S/o. Laxmaiah, aged 23 years, Student, R/o.H.No.4-91, Nugadda Kothapalle, Shaligouraram Mandal, Nalgonda District, and another. … Petitioners And The Superintendent of Police, Nalgonda District, and others. … Respondents Order: This writ petition is filed seeking Mandamus to declare the action of respondents 1 to 4 in not registering the complaint filed by petitioners on 22-08-2007 as illegal and arbitrary and to direct them to forthwith register an F.I.R. on their 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 petitioners are pursing their Degree course in Degree colleges at Nakrekal, Nalgonda District and they are espousing the problems of students from whom private colleges are collecting tuition fee in excess of the fee fixed by competent authorities. It is stated that petitioners went to Krishnaveni Talent School at Nakrekal on 20-07- 2007 and there was tussle between the Management and the petitioners and they were taken to the Police Station, Nakrekal on the complaint made by the Management. They allege that, in the Police Station they were abused in the name of their caste and harassed. It is their grievance that though they lodged a complaint to the respondents in this regard on 22-08-2007, no case is registered so far. 4. Even according to the petitioners, they went to Krishnaveni Talent School on 20-07-2007 and when there was a tussle between them and the Management of the school, on the complaint of the school authorities, they were taken to the Police Station, Nakrekal, abused in the name of their caste and harassed. Though the alleged occurrence of these incidents was on 20-07-2007, they filed a complaint before the respondents on 22-08-2007. Moreover, when petitioners have 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, they have 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.” 5. When such is the law, it is not open for the petitioners 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. 6. The writ petition is devoid of merits and is accordingly dismissed keeping open to the petitioners to file a private complaint before the Magistrate under Section 200 Cr.P.C. No order as to costs. __________________________ JUSTICE R. SUBHASH REDDY. February 11, 2008 MRR