IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE SEVENTH DAY OF JULY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No.14393 of 2008 Between: 1 R.Johan Divakar, S/o. R.C.Moses, R/o. 11-5-293/1, Amulya Avenue, Flat No.202 Red Hills, Hyderabad(AELC Member) 2 V.Sampath Rao, S/o. V.Jeeva Ratnam (Late) R/o. 3-5-783/29 Motor Khana king Koti Cross Roads, Hyderabad(AELC Adhoc Member) ..... PETITIONER(S) AND 1 The Station House Officer, Saifabad P.S., Lakd-ka-pul, Hyderabad. 2 The State of A.P., Rep by its prl. Secretary to Home Department, Secretariat, Hyderabad. .....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 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 for not taking action to complaint dated 15-6-2008 as illegal, arbitrary and consequently direct the respondent to take preventive steps and control the disturbance created by the unsocial elements in view of the prayers conducted by the new pastor Rev. Josh Babu Should not be distrubed at Luthern Church, Lakdikapool, Behind Ravindra bharathi, Saifabad, Hyderabad. Counsel for the Petitioner:MR.B.DEVADAS Counsel for the Respondent No.: GP FOR HOME The Court made the following : THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No.14393 of 2008 ORDER: It is the case of the petitioners that they made a complaint before the 1st respondent making certain allegations against some six persons alleging that they are creating law and problem in the Hyderabad Lutheran Church. It is stated that though the said complaint has been filed on 15-06-2008, so far, no action has been taken. If any complaint has been made disclosing cognizable offence, it is the duty of the police to register a case and investigate. In the event of not registering a case, even though the offence is cognizable, the course open for the complainant is to file a private complaint under Section 200 read with Section 190 Cr.P.C. before the Magistrate concerned. As the petitioners have got effective alternative remedy, I am not inclined to admit the writ petition. Accordingly, the writ petition is dismissed with a liberty to file private complaint before the Magistrate concerned. There shall be no order as to costs. ___________ 07-07-2008 Prv ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{LS}