HON’BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.24974 of 2007 Dated: 28-01-2008 Between: Mallabathula Gangadhar Rao. … Petitioner And The Superintendent of Police, West Godavari District & others. … Respondents HON’BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.24974 of 2007 ORDER: In this writ petition, the petitioner seeks directions by way of Mandamus to declare the inaction of respondents on the complaint filed by the petitioner on 22.08.2007, as illegal, arbitrary and contrary to the provisions of the Code of Criminal Procedure (for short ‘Cr.P.C.’). The petitioner claims ownership and possession over the lands admeasuring Ac.1-00 cts in Survey No.39/2, Ac.0.51 cts in Survey No.57/3 and Ac.0.49 cts in Survey No.61 of Jainvarigudem village of Buttaigudem Mandal, West Godavari District. His grievance is that there was interference by some Tribals under the leadership of one Tati Rama Rao and others and they were obstructing his agricultural operations in the above said lands. Therefore, he has given a complaint to the Station House Officer, Pedagudem on 22nd of August 2007, but no action has been taken on the same. Hence, he seeks directions from this Court by way of Mandamus. Chapter 12 of Cr.P.C. deals with the procedure regarding information to the Police in cognizable cases and also their powers to investigate them. Under Section 154 (1) of Cr.P.C., every information relating to commission of a cognizable offence if given orally to an officer incharge of a Police Station, shall be reduced to writing by him or under his direction, and be read over to the informant and the substance of such complaint has to be entered in the book kept by such officer as prescribed by the Government. Under Section 154 (3) of Cr.P.C., any person aggrieved by the refusal on the part of an officer incharge of a Police Station to record the information, may send the substance of such information in writing to the Superintendent of Police concerned, who is empowered to either investigate the case himself or direct investigation by any Police Officer subordinate to him. Apart from the said remedy, if the petitioner is aggrieved of not registering a case by the Police as has been complained by him, there is also a remedy available to him by way of filing a private complaint under Section 200 of Cr.P.C. to the Magistrate concerned. In the instant case, since the petitioner is alleging that the Police are not registering a case though he has submitted a complaint, he can either move the Superintendent of Police concerned or else, can file a private complaint before the Magistrate concerned. But, without resorting to any of the remedies provided under the Cr.P.C., and without even impleading the persons who are alleged to have interfered with his possession, the petitioner cannot seek for directions by way of Mandamus. Therefore, I do not find any ground to admit this writ petition, which is devoid of merits. It is open for the petitioner to avail the remedies available under the Cr.P.C. for redressal of his grievance. Subject to the above observations, the writ petition is dismissed. No order as to costs. ______________________ R. SUBHASH REDDY, J 28th January 2008 ajr