HONOURABLE Mr. JUSTICE R. SUBHASH REDDY Writ Petition No.28231 of 2007 Dated: February 15, 2008 Between: Gode Sivasankara Rao, S/o. Chiranjeevi Rao, Aged 48 years, OCC: Cultivation, R/o. Yellavaram village, Addateegala Mandal, East Godavari District. … Petitioners And The Station House Officer, Addateegala Police Station, Addateegala, East Godavari District, and others. … Respondents Order: This writ petition has been filed seeking Mandamus to declare the action of the first respondent in not taking any action on the complaints of the petitioner dated 10-09-2007, 14-09-2007 and 13-12- 2007 as arbitrary and illegal and a consequential direction to the first respondent to initiate action against respondents 2 to 4 as per law. 2. Heard learned counsel for the petitioner and learned Government Pleader for Home for the first respondent. 3. In the affidavit filed in support of the writ petition, it is stated that petitioner is the owner of Sivasankara rice mill, situated in Sy.No.21/B in an extent of Ac.0.50 cents in Addateegala village and Mandal of East Godavari District. Alleging interference and trespass by respondents 2 to 4 over the said rice mill, petitioner has lodged complaints dated 10-09-2007, 14-09-2007 and 13-12-2007 requesting the first respondent to initiate action against respondents 2 to 4. It is alleged that in spite of the said complaints, no action is being taken. 4. First respondent, Assistant Sub-Inspector of Police, Addateegala Police Station, East Godavari District, has filed counter affidavit stating that the complaint of the petitioner dated 13-12-2007 was received on 16-12-2007. It is stated that, in the said complaint it is alleged that petitioner is managing Sivasankara rice mill along with his sons in Addateegala village and his father and brothers, who have no right over the said rice mill, are trespassing into the same. It is further stated that upon receipt of the said complaint, an entry was made in the General Diary on 16-12-2007 and after making preliminary enquiries, it was revealed that the dispute is of civil nature and hence no further action was taken. 5. When a complaint is lodged, it is not mandatory on the part of the Police to register a case at all times. In every case, on receipt of complaint, it is open to police to make preliminary investigation. In the case on hand, in the counter affidavit filed by the first respondent, it is stated that preliminary enquiries revealed that the dispute is of civil nature, among the family members and hence no further action has been taken. 6. Moreover, when petitioner has an alternative remedy of filing a private complaint before the Magistrate under Section 200 Cr.P.C for redressal of his 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.” 7. 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. 8. The writ petition is devoid of merits and is accordingly dismissed keeping open to the petitioner to file a private complaint before the Magistrate under Section 200 Cr.P.C. No order as to costs. __________________________ JUSTICE R. SUBHASH REDDY. February 15, 2008 MRR